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Lewitt Hackman

Franchisee 101: Muscling Through the Competition

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A Minnesota district court issued a preliminary injunction against a former franchisee who engaged in a competing business during the franchise relationship. Snap Fitness, Inc., a gym franchisor, entered into a franchise...more

Lewitt Hackman

Franchisor 101: No Control, No Liability

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A California federal court granted summary judgment in favor of Red Roof Inns, a hotel franchisor, on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act, or TVPRA....more

Freeman Law

How to Compute the Texas Franchise Tax

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Step 1 – Taxable Margin Once you’ve determined that your business is subject to the Texas Franchise Tax, the next step will be to compute the amount of that tax. Easy, right?...more

Seyfarth Shaw LLP

The NYC Safe Hotels Act Creates More Challenges For Non-Union Hotels

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On November 4, 2024, Mayor Adams signed Intro 0991-2024, also known as the Safe Hotels Act. The Act will become effective 180 days after November 4th. Initially proposed at the NYC Assembly in July 2024, the Safe Hotels Act...more

Ankura

Swinging for Success: The Hundred’s Private Investment Game Plan

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“By the barest of margins!,” exclaimed seasoned cricket commentator Ian Smith as England lifted the ICC One Day International Cricket World Cup for the first time since its inception in 1975. The date was 14 July 2019, and...more

Blake, Cassels & Graydon LLP

Opérations transfrontalières – Liste de vérification

Notre liste de vérification sur les opérations transfrontalières souligne certaines des particularités, sur le plan commercial et juridique, propres à la réalisation d’opérations transfrontalières au Canada, y compris...more

Blake, Cassels & Graydon LLP

Cross-Border Checklist - November 2024

Our cross-border checklist highlights some of the distinct business and legal considerations when doing a deal in Canada, including key aspects that may impact Canadian investments and operations. These different facets...more

Lathrop GPM

California Bankruptcy Court Rules that Section 364(c)(1) of the Bankruptcy Code Allows Popeyes Louisiana Kitchen to Block Chapter...

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A bankruptcy court in California denied Pinnacle Foods of California, LLC’s motion to assume six separate franchise agreements with franchisor Popeyes Louisiana Kitchen, Inc. In re Pinnacle Foods of California LLC, 2024 WL...more

Lathrop GPM

Minnesota Federal Court Grants Franchisor’s Motion for Preliminary Injunction for Noncompete and Lanham Act Violations by...

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A federal court in Minnesota recently granted franchisor Snap Fitness Inc.’s motion for preliminary injunction against an out-of-state franchisee that announced its intentions to open a competing gym during the term of the...more

Lathrop GPM

Florida Federal Court Finds Extension of Injunction Necessary to Protect Franchisor Rights

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A federal court in Florida recently held that extending a consent injunction was necessary to protect the interests of a franchisor. Tri-Cnty. Mobile Wash, Inc. v. B&C Wash Corp., 2024 WL 4379673 (S.D. Fla. Oct. 3, 2024)....more

Lathrop GPM

Tennessee Appellate Court Finds that Venue Clause in Franchise Agreement is Permissive and Not Mandatory

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The Tennessee Court of Appeals reversed a district court’s dismissal of a franchisee’s declaratory judgment claim, finding that the claim was properly brought in Tennessee.  Lakeway Real Estate2, LLC v. ERA Franchise Sys.,...more

Lathrop GPM

California Federal Court Grants Hotel Franchisor’s Motion for Summary Judgment on Sex Trafficking Claims

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A federal court in California recently granted summary judgment in favor of a hotel franchisor on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). J.M. v. Red Roof Inns,...more

Lathrop GPM

Is Your Supply Chain Tidy?

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Last week, McDonald’s found itself in the national spotlight. However, instead of highlighting a holiday McFlurry, the hamburger giant was linked to an E. coli outbreak that spread across 13 states and caused approximately 75...more

K&L Gates LLP

Franchising Code Reforms: Exposure Draft Released

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The Australian government has released an Exposure Draft of the Competition and Consumer (Industry Code – Franchising) Regulations 2024 (Cth) (the Exposure Draft), which would repeal and replace the current Franchising Code...more

Stark & Stark

TGI Friday’s Files for Chapter 11 Bankruptcy Protection

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​​​​​​​Dallas-based TGI Friday’s, which started in Manhattan in 1965 and was one of the first chains to capitalize on the “happy hour” concept, filed for Chapter 11 bankruptcy protection on Saturday in the Northern District...more

Lewitt Hackman

Franchisee 101: Kicking Injunctions to the Curb

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A Kansas district court denied a franchisor’s motion for preliminary injunction against its former franchisee who engaged in competing businesses immediately after terminating the franchise relationship....more

Lewitt Hackman

Franchisor 101: Under Hot Water in the Proper Court

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A Washington federal court denied a franchisor’s motion to dismiss for lack of personal jurisdiction, finding the court had personal jurisdiction over a franchisor’s agents who reside in Louisiana, based on their purposeful...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 29, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Kilpatrick

6 Key Takeaways - What Every Franchise Lawyer Should Know About Trademark and Unfair Competition Surveys

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Chris Bussert recently presented at the 47th Annual ABA Forum on Franchising in Phoenix on the use of trademark and unfair competition surveys. Key takeaways from his presentation are the following...more

Constangy, Brooks, Smith & Prophete, LLP

You be the judge: Does this ADA plaintiff have a case?

Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to...more

Baker Donelson

Deadline Nears for Tennessee Franchise Tax Refund Eligibility

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As originally enacted, 2024 Public Chapter 950 provides that if a taxpayer paid the franchise tax based upon the minimum measure tax base found at Tenn. Code Ann. Section 67-4-2108, then the Tennessee Department of Revenue...more

Miles Mediation & Arbitration

Successful Mediation of Franchise Disputes: Factors That Influence the Outcome

Franchising as a legal relationship has embraced mediation as a pre-filing requirement to a lawsuit or arbitration in most franchise agreements. So, how has it gone? While we have roughly a 25-year history since the earliest...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Business Groups Oppose Los Angeles City Council Motion to Expand Predictable Scheduling Ordinance to Fast-Food Workers

On July 2, 2024, Los Angeles City Councilmembers Hugo Soto-Martínez and Katy Yaroslavsky introduced a motion to the City Council to expand the fair workweek predictable scheduling ordinance to fast-food workers. On September...more

Foley & Lardner LLP

Non-Resident May Sue Under Minnesota Franchise Act, but Payment for Goods at Wholesale Prices Is Not a Franchise Fee

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A non-resident of Minnesota can sue a manufacturer for violation of the Minnesota Franchise Act. At the same time, the non-resident’s purchase of the manufacturer’s products at bona fide wholesale prices did not constitute...more

Lathrop GPM

California Court of Appeals Affirmed Order Denying Motion to Vacate Judgment from Texas

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The California Court of Appeals upheld a decision finding that a Texas court had personal jurisdiction over California franchisees. GlobalCFO LLC v. Venkataramanappa, 2024 WL 4220439 (Cal. Ct. App. Sept. 18, 2024)....more

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