Tariffs may seem like a headline reserved for economists and politicians, but at last week’s International Franchise Association (IFA) Legal Symposium in Washington D.C., they were front and center in nearly every room. From...more
The International Franchise Association’s Annual Convention is always filled with useful take home information for franchise practitioners. Last week, I attended the session “Proactive Strategies for Franchisors to Prevent...more
2/21/2025
/ Breach of Contract ,
Business Litigation ,
Compliance ,
Contract Terms ,
Dispute Resolution ,
Employer Liability Issues ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Fraud ,
Integration Clauses ,
International Franchise Association (IFA) ,
Risk Management ,
Risk Mitigation ,
Vicarious Liability
Recently, the North American Securities Administrators Association, Inc.’s (“NASAA”) Franchise and Business Opportunities Project Group (“FPG”) issued guidance on post-term non-compete clauses in the context of the franchise...more
2/19/2025
/ Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Guidance ,
Franchises ,
Franchisors ,
NASAA ,
Non-Compete Agreements ,
Regulatory Requirements ,
Restrictive Covenants ,
State Attorneys General
While the Court found that the bundled costs did not constitute a franchise fee, the MFA may apply to franchisees located outside the state of Minnesota. Pennsylvania based distributor, M&M Creative Laminants’ (M&M) bought...more
2/18/2025
/ Breach of Contract ,
Business Litigation ,
Compliance ,
Contract Disputes ,
Contract Disputes Act ,
Contract Terms ,
Damages ,
Franchises ,
Jurisdiction ,
Litigation Strategies ,
State and Local Government ,
Summary Judgment
New and emerging franchise systems are often very eager to sign those first franchisees. All too often, they are willing to make concessions to get the franchisees on board, despite their franchise attorney’s recommendation...more
The right to rescind (or void) a contract is an extraordinary remedy. However, as franchise lawyers know, certain states provide franchisees a right to rescind a franchise agreement in certain situations, particularly where a...more
11/16/2022
/ Breach of Contract ,
Contract Terms ,
Fair Dealing Exception ,
Franchise Agreements ,
Franchise Fees ,
Franchises ,
Good Faith ,
Investment ,
Non-Compete Agreements ,
Rescission ,
Trade Secrets