The U.S. Federal Trade Commission's (FTC) latest policy statement aims to dictate the outcome of contract negotiations between franchisors and their franchisees and to limit the potential negative impact on franchisees of...more
Over the last 18 months, no-poach provisions in franchise agreements have drawn considerable attention from academics, state attorneys general, politicians, and the class action plaintiffs’ bar.
Originally published in...more
1/8/2019
/ Class Action ,
Competition ,
Employee Solicitation ,
Fast-Food Industry ,
Food Service Workers ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Jimmy John's ,
McDonalds ,
No-Poaching
In a recent decision, the United States Court of Appeals for the Third Circuit affirmed the dismissal of a franchisee’s claim that the franchisor’s termination decision violated the New Jersey Franchise Practices Act (NJFPA)...more
An Illinois federal judge recently found that a franchisor has the absolute right to control its franchisees’ advertising of the products and services offered under a franchise. Lokhandwala v. KFC Corp., No. 17-cv-6394 (N.D....more
2/1/2018
/ Advertising ,
Breach of Contract ,
Contract Interpretation ,
Corporate Counsel ,
Fast-Food Industry ,
Franchise Agreements ,
Franchises ,
Franchisors ,
Intellectual Property Protection ,
Islamic-Compliant ,
Promissory Estoppel ,
Trademarks
The far-reaching implications of this decision could change the existing franchise business model.
Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so,...more
7/28/2016
/ Appeals ,
At-Will Employment ,
Department of Labor (DOL) ,
Franchisee ,
Franchises ,
Franchisors ,
McDonalds ,
NLRB ,
PA Supreme Court ,
Statutory Interpretation ,
Workers Compensation Act ,
Workers Compensation Board ,
Workers' Compensation Claim ,
Workplace Injury