Franchises

Reach of New Jersey Franchise Practices Act Continues to Expand

by Thomas Goodwin, Joanne Wilcomes | McCarter & English: Climate Change &... on 5/13/2013

On March 13, 2013, the United States District Court, District of New Jersey, in Strassle v. Bimbo Foods Bakeries Distrib., Inc., No. 12-3313 (Mar. 13, 2013), held that a distribution agreement may be subject to the New Jersey...more

Franchising Newsletter – April 2013

by Kathy Dalton, Murray Deakin, Sam Jackson, J. Michael Keyes, Michaela Moloney, Sylvia Ng, Chris Nikou, Anna Trist | K&L Gates LLP on 5/2/2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

Focused on Franchise Law - April 2013

by Barry Kurtz on 4/17/2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

Creative Contractual Strategies for a Highly Competitive Market - Baker & McKenzie

by Graeme Dickson | Baker & McKenzie Australia on 4/17/2013

Introduction - Over the last few months, we have witnessed a significant uptick in activity in relation to management agreement negotiations both in Australia and elsewhere. ...more

Franchise Review - April 2013: Frequently Asked Questions

by Osler, Hoskin & Harcourt LLP on 4/15/2013

Are there risks for a franchisor that is involved in a franchisee’s employment practices? Yes. A franchisor’s involvement in a franchisee’s employment practices could result in the franchisee being considered an...more

Best Practices - April 2013

by Frank Zaid | Osler, Hoskin & Harcourt LLP on 4/12/2013

Keeping Up with Franchise Law in Canada - Osler’s Franchise Group is featured in an “Editorial Gem” in an exciting new book, Great Canadian Franchise Stories, written by Dawn Mucci and Felicia Pizzonia. The title of...more

Franchising in Alberta -- April 2013: Fabutan: Renewal, Termination and the Duty of Good Faith

by Osler, Hoskin & Harcourt LLP on 4/11/2013

Fabutan: Renewal, Termination and the Duty of Good Faith - Background to the Dispute: Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do...more

Franchising in Ontario - April 2013

by Lia Bruschetta, Mary Paterson, Aislinn Reid | Osler, Hoskin & Harcourt LLP on 4/9/2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/9/2013

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

Franchise Legislation - Is British Columbia Next in Line for Franchise Legislation?

by Dominic Mochrie | Osler, Hoskin & Harcourt LLP on 4/5/2013

Proposed franchise legislation featured prominently in “An Agenda for Justice,” a report recently released by the British Columbia Branch of the Canadian Bar Association (CBA). The document, released on February 5, 2013 in...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights

by Peter Ellis, Diane Green-Kelly, Leonard Hudson | Reed Smith on 3/26/2013

The California Small Business Investment Protection Act, Assembly Bill 1141, was recently proposed and makes several changes to California’s current franchise laws, the Franchise Relations Act and the Franchise Investment...more

Focused on Franchise Law - March 2013

by Barry Kurtz on 3/21/2013

In This Issue: - Barry Kurtz and Bryan Clements: Featured in March 2013 Valley Lawyer - Relocation of Santa Barbara, CA Office - Franchisor 101:Tanning Salon Burn - Non-compete Enforced in Pennsylvania -...more

Legislator Fires Broadside At Franchisors

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/12/2013

California has not one, but two franchise laws. The Franchise Investment Law (“FIL”), Corporations Code Section 31000 et seq., is administered and enforced by the the Commissioner of Corporations. The Franchise Relations Act...more

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