News & Analysis as of

Franchise Disclosure Document

Davis Wright Tremaine LLP

Making a Financial Performance Representation (Item 19 Disclosure) in 2021

Why Make an FPR? According to a recent study, franchisors that make a Financial Performance Representation (FPR) sell more franchises than those that choose not to....more

Foley & Lardner LLP

FTC Considering Changes to Franchise Rule

Foley & Lardner LLP on

For the first time in over a decade, the Federal Trade Commission is considering changes to its Franchise Rule. The Rule represents an effort by the Commission to prevent unfair and deceptive practices by franchisors against...more

Lewitt Hackman

FRANCHISOR 101: COVID-19 vs. Item 19

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Item 19 of the Franchise Disclosure Document (FDD) can provide information on how a prospective franchisee may perform financially. Historical financial performance representations (FPRs) may be made if the franchisor has a...more

Lathrop GPM

Four Key Takeaways from the NASAA & Washington Commentaries on COVID-19 Disclosures

Lathrop GPM on

On June 10, 2020, the North American Securities Administrators Association (NASAA) penned new commentary titled, “Disclosing Financial Performance Representations in the Time of COVID-19” (Commentary). Shortly thereafter,...more

Fox Rothschild LLP

Indiana Franchise Compliance Alert: Changes Ahead

Fox Rothschild LLP on

Indiana issued a compliance alert covering four updates to the Indiana franchise laws to take effect on July 1, 2020. The changes (i) add a duty to update FDD within 30 days of a material change (ii) grant the ability to...more

Lewitt Hackman

COVID-19: State FDD Renewal Changes

Lewitt Hackman on

In light of the COVID-19 pandemic, several states that require annual Franchise Disclosure Document (FDD) renewals made recent changes to their filing deadlines, fees and/or submission requirements, as set forth below....more

Baker Donelson

Franchise Disclosure Documents and COVID-19 Impact

Baker Donelson on

Franchisors renewing their Franchise Disclosure Documents (FDD) for 2020 with the intent of actively resuming franchise sales activity may be wrestling with how best to disclose the impact of the COVID-19 Pandemic on their...more

Lewitt Hackman

Franchisee 101: The (Ice Cream) Cart Before the Rescission

Lewitt Hackman on

A federal court in Cleveland rejected a California franchisee’s claim that an Ohio-based ice cream franchisor violated the California Franchise Investment Law (CFIL). The claim failed because the franchisee could not show it...more

Fox Rothschild LLP

Are State Registration Deadlines Changing Under COVID-19? Yes And No (a survey)

Fox Rothschild LLP on

Good things come to those who wait … except when you are referring to state franchise registration timelines. This is one of the busiest times of year for franchisors with fiscal year ends that coincide with the calendar...more

Seyfarth Shaw LLP

Franchisors: Are You Covering Your Digital Assets?

Seyfarth Shaw LLP on

Several high profile ransomware attacks have recently rocked the franchise world fomenting uncertainty and anxiety about franchisors’ legal obligations and liability. Ransomware attacks essentially kidnap a company by...more

Kilpatrick Townsend & Stockton LLP

Franchise Disclosure Documents - Updates 2020

It’s the time of year when most franchisors start to think about FDD updates. Under the Federal Trade Commission (FTC) Franchise Rule, the FDD must be updated within 120 days after a franchisor’s fiscal yearend. For...more

Seyfarth Shaw LLP

Auto Manufacturers: Don’t Forget the Amended Franchise Rule When Considering New Business Opportunities

Seyfarth Shaw LLP on

As competition intensifies and auto manufacturers and distributors look for new ways to realize value from their brands, they and their counsel would do well to familiarize themselves with the Federal Trade Commission’s (FTC)...more

Fox Rothschild LLP

Did You Know? NASAA Releases New Instructions

Fox Rothschild LLP on

On May 19, 2019, the North American Securities Administrators Association (NASAA) adopted new state cover sheets and state effective dates page for franchise disclosure documents. Beginning on January 1, 2020, the FDD must...more

Kilpatrick Townsend & Stockton LLP

6 Key Takeaways - Franchise 101 for IP Lawyers

This infographic provides an overview of U.S. franchising and insight into the valuable role of trademarks and other IP assets to franchisors. Please see full infographic below for more information....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Is Your Business Franchisable? An Alternative Method for Business Enterprise Growth

When business owners contemplate expan­sion and growth of their business enterprise and brand, they must first make a fundamental decision on strategy and method of expansion. Should they (a) expand on their own, utilizing...more

Fox Rothschild LLP

FTC Seeks Comments On Franchise Rule

Fox Rothschild LLP on

The Federal Trade Commission (“FTC”) has requested public comments on its Trade Regulation Rule entitled “Disclosure Requirements and Prohibitions Concerning Franchising” (the “Rule”). The Rule makes it an unfair or deceptive...more

Lewitt Hackman

Full Disclosure: Periodic Review of FTC Franchise Rule

Lewitt Hackman on

The Federal Trade Commission (FTC) seeks public comment regarding its Trade Regulation Rule entitled, “Disclosure Requirements and Prohibitions Concerning Franchising” (the “Rule”)....more

Lewitt Hackman

Franchisor 101: Hot Doggin' Franchisee Sales Pitches

Lewitt Hackman on

Hot dog franchisor, Charlie Graingers, was unable to obtain dismissal of a federal lawsuit brought by franchisees alleging fraud, misrepresentation and breach of fiduciary duty....more

Lewitt Hackman

FRANCHISEE 101: Rocky Road to FDD Disclosure

Lewitt Hackman on

An ice cream parlor franchisor in Ohio, Handel Enterprises, Inc., must defend claims that it violated the California Franchise Investment Law (CFIL) for failing to disclose its amended franchise disclosure document (FDD) to a...more

Fox Rothschild LLP

NASAA’s Proposed FDD Cover Page Changes: Helpful Or Misleading?

Fox Rothschild LLP on

The North American Securities Administrators Association, Inc. (“NASAA”) is proposing to revise the instructions in the NASAA Franchise Registration and Disclosure Guidelines (the “Guidelines”) that outline policies and...more

Fox Rothschild LLP

(Almost) All Your Tricky FDD Drafting Questions Answered

Fox Rothschild LLP on

Almost every year at the IFA Annual Legal Symposium in Washington D.C., a panel of distinguished franchise attorneys and state regulators will discuss best practices in drafting a franchise disclosure document in compliance...more

Lewitt Hackman

Before Franchising Your Business, First Consider These Factors

Lewitt Hackman on

Franchising is so much more than casual burger chains with drive through windows and dollar menus. It’s an industry that incorporates a wealth of blue and white collar services; distributes both high- and low-end products...more

Lewitt Hackman

FRANCHISEE 101: Technical Disclosure Violations

Lewitt Hackman on

The consequences to an unwitting franchisor can be severe when it fails to provide disclosure documents required by franchise law. Most franchise laws provide for rescission of the franchise agreement, allowing the franchisee...more

Dickinson Wright

Franchise and Distribution News - March 2017

Dickinson Wright on

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the...more

Baker Donelson

Regulation A+: A Capital-Rising Method that is Ready for Franchising

Baker Donelson on

In a prior article published in Franchising Today, we addressed the intersection of franchises and crowdfunding, a method of business financing which was made legal through rulemaking on the part of the Securities and...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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