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Tips for Enforcing that Mediated Franchise Settlement Agreement

Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required...more

Area Developer Hit With Massive Arbitration Award In Favor Of Franchisor

Franchisor obtains $2,064,735.75 arbitration award against failed area developer. In an arbitration decision handed down by the American Arbitration Association, Rita’s Franchise Company, LLC obtained an award against a...more

The 90 day Franchise Bankruptcy Solution

The CARES Act has amended the Bankruptcy Code to provide an expedited and easier version of a business bankruptcy proceeding. We now have “Subchapter 5” for small business and individual debtors. This process fulfills a sweet...more

You’re Worried? What To Do. NOW.

A recession is coming, if it is not already here. But this won’t be a recession like 2008. Back then, the banks threw you under the bus so that they could survive. Today, they are stronger. More importantly, they know they...more

To Poach Or Not To Poach

Franchise systems, and many licensing arrangements contain anti-poaching provisions. These provisions are being tested under the antitrust laws as being anticompetitive. This article will discuss the benefits and burdens of...more

Best And Worst Franchise Rankings: Understanding The Methodology

The 2019 “Best and Worst Franchise” rankings have been published by Forbes. The franchise analytics firm, FRANdata, was commissioned to apply a methodology that ranks franchise brands on “health and appeal,” from the...more

7/31/2019  /  Franchisee , Franchises , Franchisors

Franchising In The Smart Home Era

In the near future, customers will likely be ordering their fast food through their smart home devices, such as Amazon’s Alexa or Google Home. Gary Vaynerchuk, chairman of VaynerX, a modern-day media and communications...more

FTC Seeks Comments On Franchise Rule

The Federal Trade Commission (“FTC”) has requested public comments on its Trade Regulation Rule entitled “Disclosure Requirements and Prohibitions Concerning Franchising” (the “Rule”). The Rule makes it an unfair or deceptive...more

Restaurant Structural Change: The Opportunity

Last time we asked, given the high number of restaurant concept bankruptcies and money sloshing around in the sector, is there still more upside than downside in the restaurant franchising sector? We can find the answer by...more

Restaurant Structural Change: The Challenge

Imagine operating a single restaurant. The food keeps bringing them in, and prices are relatively stable. Consumer confidence is high, unemployment low, discretionary income rising, and people are going out more. Now multiply...more

Failing To Plan? Then Plan To Fail.

To paraphrase Benjamin Franklin, “Those who fail to plan, plan to fail.” That is true in any business, but particularly so in franchising. Planning is more important in franchising because franchising leverages a...more

Are You Doing The Right Due Diligence As You Grow Your System?

In our last post, we examined some of the types of risk that come with growth. In this post, we discuss some forms of diligence that may be used to better manage that risk....more

Reducing Your Risk When Growing Your System

Growth can be expensive, but it is always more expensive when the expansion is taken without risk assessment. Whether domestic or foreign, many risks can be reduced or avoided by proper consideration of differences between...more

11/26/2018  /  Franchisee , Franchises , Franchisors

Time To Reconsider No Poaching Agreements? Yes, Emphatically.

Renewed Efforts to End No Poaching Provisions- Franchisors need to review their franchise agreements and take immediate action in response to the recent onslaught of legal action over “naked no poaching” provisions in...more

Franchisors Face Growing Scrutiny Over ‘No Poaching’ Provisions

Franchisors need to review their franchise agreements and take immediate action in response to the recent onslaught of legal action over “no poaching” provisions in franchise agreements. In a typical franchise agreement, a...more

Change Is Inevitable And Some Requires Special Handling

Change is inevitable in a franchise system, and disclosure then becomes a concern. Disclosure may be a business issue for the existing franchisees, but it becomes a legal issue in the offer and sale of franchises. The...more

What Restaurant Franchising Tells Us About The Future

Restaurant operators and their financiers often need to predict the future. The operators, mostly from franchised brands, need to adapt to changing tastes and fashion. The financiers need to assess risk before making...more

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