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Seventh Circuit Revives Franchise No-Poach Case, Holds Per Se Treatment Possible

A recent opinion by the U.S. Court of Appeals for the Seventh Circuit reinstates allegations against McDonald’s that no-poach provisions in the company’s franchise agreements violate the antitrust laws, holding that such...more

Top Legal Issues Facing the Manufacturing Sector in 2023

Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the...more

Colorado’s Consumer Right to Repair Agriculture Equipment Act

On April 12, 2023, the Colorado legislature passed the Consumer Right to Repair Agriculture Equipment Act (the “Act”). Under the Act, manufacturers of “agricultural equipment” will be required to provide independent repair...more

Arizona House Introduces Potential General Franchise Law

The Arizona House of Representatives recently introduced a bill, HB 2404, designed to insulate in-state dealers from market competition that, if enacted, will create a general franchise relationship law in Arizona. Currently,...more

“If It’s Not Broken, Don’t Fix Break It”— The FTC Targets the Franchise Business Model

Historically, the Federal Trade Commission (FTC) has shied away from regulating the substance of franchisor-franchisee relationships. A recent FTC press release, however, suggests this may soon change. If so, it is by no...more

Securing Home-field Advantage: Michigan Federal Court Reaffirms Enforceability of Forum-selection Clauses in Franchise and...

Forum-selection clauses matter in franchise disputes — especially in disputes venued in federal court. Just ask Williams Insurance & Consulting, Inc., a franchisee recently booted from its chosen forum in a lawsuit it brought...more

Marine Equipment Manufacturers Put Out to Sea in Utah? Utah Passes New Law Providing Significant Protection to Marine Equipment...

Dealers throughout the United States are riding a wave of dealer-friendly laws. Many of these statutes are to be expected, given a state’s economic priorities: Iowa’s laws predictably protect farm equipment dealers;...more

Wait, Why Am I Picking Up Your Tab? Iowa Considers Requiring Equipment Repurchases Where the Dealer Initiates Termination

Equipment manufacturers are generally well aware of the onerous and often expensive equipment repurchase obligations they incur when terminating or non-renewing a dealer. But at least these repurchase obligations make some...more

Evaluating Transfers and Terminations in Increasingly Consolidated Reseller Networks

Over the past few years, many manufacturing industries have faced a new trend: reseller (i.e., distributor or dealer) consolidation within channel networks. From the manufacturer’s standpoint, there is clear upside to this...more

FTC Again Finds Success in High-Profile Hospital Merger Appeal

For the second time in recent weeks, the Federal Trade Commission (FTC) prevailed in its challenge of a high-profile hospital merger. This time, the appeal stemmed from a June 14, 2016, order by Judge Jorge Alonso of the...more

U.S. Supreme Court Declines to Hear Challenge to New Hampshire’s “Auto Dealer’s Bill of Rights”

The protracted challenge to New Hampshire Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act to include farm, industrial, construction, forestry, and yard and garden equipment, has finally come to an...more

FTC Finds Success in High-Profile Hospital Merger Appeal

Many of our readers will recall the decision from Judge John Jones III of the Middle District of Pennsylvania earlier this year, denying the Federal Trade Commission’s (FTC) motion to enjoin 551-bed Penn State Milton S....more

Like Dominoes: Vermont Follows New Hampshire’s Lead and Makes Drastic Changes to Its Equipment Dealer Statute

In a dealer-friendly move that is growing increasingly common, see here, Vermont recently made substantial changes to the law that governs the relationship between equipment manufacturers and dealers within the state. Much...more

Beware of Unguarded Talk: A Cautionary Tale of Privilege Waiver in Wisconsin

Loose lips sink ships. And, at least according to the Wisconsin Court of Appeals, they can sink the protections afforded to privileged communications. A decision last week in a criminal case could have considerable...more

Takeaways From the FTC/DOJ Workshop on Health Care Competition

The Federal Trade Commission and Department of Justice Antitrust Division held their second public workshop on health care competition on February 24-25, 2015. The workshop is part of the FTC and DOJ’s commitment to...more

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