Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more
4/5/2018
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Employer Liability Issues ,
Enforcement Actions ,
Fast-Food Industry ,
Franchise Agreements ,
Franchises ,
Hiring & Firing ,
Joint Venture ,
Legislative Agendas ,
No-Poaching ,
Proposed Legislation
On February 21, the Pennsylvania Supreme Court held that nonresidents can bring a claim against a business headquartered and operating from Pennsylvania under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law...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
Your company has entered into a contract with a smaller, foreign company to do business. While your relationship starts off strong, it quickly sours when you discover that the smaller company’s quality standards do not meet...more
A recent federal court opinion overlooked a plain-language requirement of the “place of business” element of a claim under the New Jersey Franchise Practices Act (NJFPA), N.J.S.A. § 56:10-1 et seq., potentially expanding the...more
In a recent win for franchisor 7-Eleven, Inc., the U.S. Court of Appeals for the Third Circuit upheld a New Jersey district court’s ruling that 7-Eleven properly terminated its franchise agreements for cause based on the...more
What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel...more
The Third Circuit’s decision is a pointed reminder to franchisors, as well as businesses that use independent contractors, that the form of their agreements can either serve their legal interests or harm them in employee...more
9/23/2016
/ Appeals ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
FedEx ,
Franchise Agreements ,
Independent Contractors ,
Misclassification ,
Wage and Hour
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