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Read need-to-know updates, commentary, and analysis on Franchise issues written by leading professionals.

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

Trimming the Fat: Restaurant Menu Labeling Rule Under Further Review

by Lewitt Hackman on

In 2010 as part of the Patient Protection and Affordable Care Act a/k/a “Obamacare”, the federal government set provisions mandating restaurant chains provide nutrition information for menu items. The U.S. Food and Drug...more

Accountant and Attorney Liability NewsBrief - Summer 2017

by LeClairRyan on

Compliance programs - policies and procedures designed to prevent violations of laws,c rules and regulations – have become a big deal. That’s because government regulators and enforcers closely scrutinize companies that...more

Spotlight on Tennessee: Forced Franchise/Excise Tax Variance Upheld by Supreme Court

by Baker Donelson on

On March 23, 2016, the Tennessee Supreme Court issued its much-awaited decision in the case of Vodafone Americas Holdings, Inc. et al. vs. Tennessee Commissioner of Revenue....more

Franchisee Can’t Work Its Way Out of Trademark Infringement and Breach of Contract Litigation on Jurisdictional Grounds

An out-of-state franchisee sought to escape the reach of the Massachusetts District Court in a breach of contract and trademark infringement litigation filed by its Massachusetts-based franchisor. But, the parties quickly...more

Municipal Cable Franchise Transfer Toolkit

by Best Best & Krieger LLP on

A cable operator generally cannot transfer control of its business or transfer its cable franchise without the prior approval of the franchising authority. This gives the franchising authority the opportunity to resolve...more

Hospitalitas Newsletter - Winter 2014

by Baker Donelson on

In This Issue: - Marriott Fined $600,000 For Wi-Fi Jamming - Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more

Joint Employers Under NLRB Law

by Snell & Wilmer on

A. Introduction - Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more

Doing Business in Canada: Marketing & Labeling Legislation

MARKETING & LABELING LEGISLATION - In Canada, the federal Competition Act prohibits certain marketing activities, which include: • Resale price maintenance • Predatory pricing • Price discrimination •...more

Franchise & Distribution News - June 2014

by Dickinson Wright on

In This Issue: - NEW FRANCHISE LEGISLATION IN CANADA: British Columbia, which presently does not have a franchise specific statute, recently took one step closer to implementing such legislation when the British...more

Doing Business in Canada: Language Requirements

FEDERAL LAWS - English and French are the official languages of Canada. The Constitution of Canada and the Official Languages Act guarantee that English and French have equality status and equal rights and privileges...more

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

by BakerHostetler on

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

Rainbow International Seeks Restoration Of Exclusive Use Of Its Marks

by Womble Bond Dickinson on

On April 9, 2014, Rainbow International LLC ("Rainbow International"), of Waco, Texas, filed a complaint in the Middle District of Georgia against Brian Whitley, Patricia Whitley, and Quick Whits, Inc. d/b/a "Rainbow...more

Taking The Leap: Bringing A Foreign Brand To The United States

by Snell & Wilmer on

Increasingly, franchise concepts that begin in one country soon find that expansion involves not only domestic growth, but also development in other jurisdictions including the United States. Over the past decade, advances in...more

A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Merger

by Best Best & Krieger LLP on

A proposed transfer of control of a cable television operator or a transfer of a cable television A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Mergerfranchise presents the franchising authority with a...more

Focused on Franchise Law - August 2013

by Lewitt Hackman on

FRANCHISOR 101: CALIFORNIA REQUIREMENTS ON NEGOTIATED TERMS MAY CHANGE - The California Franchise Investment Law and the California Code of Regulations currently require franchisors registered in California to disclose...more

Best Practices in Drafting Corporate Shareholder Agreements

Corporate shareholder agreements are vital for many companies with more than one shareholder, especially non-public companies with a limited number of persons owning shares. The shareholder agreement typically details the...more

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

In most situations, an employer in California can terminate an employee for almost any reason, so long as it is not discriminatory, assuming the employee is at-will. In Veronese v. Lucasfilm LTD (12/10/2012) a job...more

Increase In Wage and Hour Lawsuits

According to statistics from various sources, including the Equal Employment Opportunity Commission and the Administrative Office of the U.S. Courts, employment related claims and lawsuits, especially those related to unpaid...more

Economic Forecast For Slow Growth

Two major conclusions are found in a recent survey of economists by the Wall Street Journal: 1. Slow growth over the coming year 2. A recession is unlikely As reported by the Los Angeles Times, the survey of 48...more

Use Your Phone To Pay For Products And Services

Businesses trying to stay ahead of the curve, and jumping on any possible competitive advantage, may now be looking towards the revolution in the payment process. Cash was once (maybe still is) king. Barter has been around...more

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

Responding To A Corporate Crisis

A corporate crisis can arise without warning and from many causes. A journalist writes a story about exploited workers at a foreign factory where the company manufactures product. The CEO is charged with sexual...more

Corporate Sustainability and Social Entrepreneurship: Part Four

Fourth in a Series of Articles We began this series of articles by asking tough questions: Do corporations exist solely to maximize shareholder value and profit? Or do corporations also exist to serve a broader...more

Corporate Sustainability and Social Entrepreneurship Part Two

As a purely legal matter, corporate sustainability and social entrepreneurship require that we begin by asking the following question: Does the law of corporate governance permit social good as a primary focus and aim of...more

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