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Franchise Updates

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

5 Key Takeaways-What You Need to Know in the US and Latin America About Franchising and IP

Kilpatrick Townsend Partner Marc Lieberstein, Co-Chair of the firm’s Retail & Consumer Goods Industry Team and member of the Firm’s Latin American Focus Group, recently joined other thought-leaders on an international panel...more

Biometric Data in the Workplace Could Trigger Privacy Litigation Wave

by Jones Day on

The Situation: While biometric data (such as fingerprints, facial recognition technology, and iris scans) can be used effectively in the workplace, privacy advocates worry that anonymity could be undermined, and plaintiffs'...more

2017 End of Year Plan Sponsor “To Do” List (Part 3) Executive Compensation

by Snell & Wilmer on

As 2017 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end...more

The UK Criminal Finances Act 2017: tax evasion implications for franchisors – action steps

by DLA Piper on

The Criminal Finances Act 2017, now in force in the United Kingdom, introduces two new criminal offenses in respect of the facilitation of tax evasion. The new offenses will be committed where a corporate entity or...more

Restaurant Industry Gets Another Chance To Chime In On Menu Labeling

by Lewitt Hackman on

Franchisors in the food service industry have until January 18, 2018 to comment on the latest version of the Food & Drug Administration’s Menu Labeling Guidance. The FDA released the draft November 7th. This version includes...more

SBA to Require Franchisors Be Listed on Franchise Directory for Franchisees to Be Eligible for SBA Financing

by Snell & Wilmer on

Effective January 1, 2018, the U.S. Small Business Administration (SBA) will only process loans to fund the acquisition and development of new franchises if the franchisor is listed on the SBA’s new Franchise Directory....more

Ready or Not, Here It Comes! 2018 Brings New Labor & Employment Laws, Primarily at the State Level

by Littler on

As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of...more

House Passes Bill Limiting Joint-Employer Liability

by Ballard Spahr LLP on

The U.S. House of Representatives last week passed H.R. 3441—the Save Local Business Act—which, if enacted, would redefine the term "joint employer" under the National Labor Relations Act (NLRA) and the Fair Labor Standards...more

Passage of the Save Local Businesses Act in the House May Signal a Broader Rejection of Obama-Era Rules On Joint Employment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and...more

Day 10 of One Month to 360 Degrees of Communication in Compliance- Limit Your Self-Reliance, Learn to Ask for Help

by Thomas Fox on

Many compliance professionals in the corporate world work long and hard to rise to the senior management level in their organizations. It takes subject matter expertise, hard work and sometime propitious good fortune to get...more

4 Top Takeaways: Use of Investigators

Kilpatrick Townsend senior counsel Chris Bussert recently presented in a workshop with Jeremy Liebman, franchise counsel at Krispy Kreme Doughnut Corporation, at the ABA Annual Forum on Franchising in Palm Springs,...more

Belgian Retail Newsletter

by McGuireWoods LLP on

European Parliament wants harmonized franchising legislation 7 NOVEMBER 2017 - In September 2017, the European Parliament passed a resolution on the functioning of franchising in the European retail sector. This...more

FRANCHISEE 101: Thirty-one Flavors of Fees (Or Just One)

by Lewitt Hackman on

Baskin-Robbins charges a dairy supplier a so-called "commercial factor" fee for the right to make and sell Baskin-Robbins proprietary ice cream to franchisees. The supplier's pricing to franchisees includes an amount equal to...more

FRANCHISOR 101: Arbitr-“all”

by Lewitt Hackman on

A federal court in New Jersey granted a franchisor's motion to compel arbitration of disputes involving seven frozen yogurt franchises, even though the claims were subject to different arbitration provisions in different...more

Update: President Trump Sticks a Knife in the CFPB’s Arbitration Rule

Key Takeaway: For now, pre-dispute arbitration clauses with class action waivers are safe. On November 1, President Trump abrogated a Consumer Financial Protection Bureau (CFPB) rule that would have given consumers the...more

Successor Liability? Double-Check Those Assets!

by Fox Rothschild LLP on

The intersection of franchise law and general corporate law is extensive. A recent decision in the Michigan Court of Appeals (Court) highlights the importance of thoroughly understanding and considering the ramifications of...more

Does Arbitration Make Sense For Franchisors? A Litigator’s Perspective

by Mulcahy LLP on

Let’s face it; arbitration is not always the quicker, cheaper forum for parties to resolve their differences. Although arbitration does have the potential to be more economical and efficient than court, in practice, these...more

Happy Halloween! Is Your Franchise System Insured For Social Engineering Fraud Claims?

by Fox Rothschild LLP on

As cyber scams become more widespread and sophisticated, social engineering fraud is quickly turning into one of the most popular way for a thief to rip-off a company using computers. Every franchise system should be asking...more

New Australian employment law changes the game for Australian franchisors

by DLA Piper on

Australia has enacted a law with potentially far-reaching joint employer implications for both Australian and American franchisors. The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 could cause many of the...more

Beep: Your Hamburger is Ready

by Lewitt Hackman on

Analysts predict robots may take nearly 40 percent of U.S. jobs – particularly the ones that require lower education levels – in the next 15-20 years. The study was released by PricewaterhouseCoopers, and was based on...more

Day 21 of One Month to More Effective Compliance for Business Ventures-Frachising

by Thomas Fox on

Most franchisors have thorough financial vetting requirements before allowing any person or business to become a franchisee. However, how many of these same businesses perform compliance due diligence on their prospective...more

Save Local Business Act Moves One Step Closer To Limiting Joint Employer Liability

by Fox Rothschild LLP on

The U.S. House Committee on Education and the Workforce recently approved the “Save Local Business Act” (HR 3441 – Byrne). If enacted, the Act would limit joint employer liability by reversing the rule announced by the NLRB...more

Implied Covenant Of Good Faith Does Not Trump Express Terms

by Fox Rothschild LLP on

The U.S. Court of Appeals for the Third Circuit upheld a New Jersey district court’s decision that 7-Eleven did not violate the New Jersey Franchise Practices Act (NJFPA) after the franchisor terminated a New Jersey...more

Second Circuit Rules on Chapter 11 Cram-Down, Make-Whole, and Subordination Issues

by Jones Day on

The Situation: In In re MPM Silicones, L.L.C., secured noteholders argued that replacement notes distributed to them under a cram-down chapter 11 plan should bear market-rate interest rather than the lower formula rate...more

Will Seattle See a New Arena?

Part One: History - July 2, 2008 lives on in infamy—when the City of Seattle announced that the beloved Seattle SuperSonics would exchange its white, green, and gold jerseys for blue and white ones. The decision was the...more

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