News & Analysis as of

Franchises Coronavirus/COVID-19

Seyfarth Shaw LLP

California Legislative Update: What’s Left To Affect You?

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Seyfarth Synopsis: Headlining the employment-related bills that passed the May 27, 2022, House of Origin Deadline is AB 85, which extended COVID-19 Supplemental Paid Sick Leave to September of this year, as well as bills...more

Dorsey & Whitney LLP

“Everything zen? Everything zen? I don’t think so...” - MAE Clauses in the Time of COVID

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On March 1, 2022, the Delaware Court of Chancery delivered a memorandum opinion ordering a yoga franchisor to complete the acquisition of its franchisee’s chain of yoga studios. The case arose out of the parties’ pre-COVID...more

Cozen O'Connor

The State AG Report – 2.10.2022

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Baby Food Manufacturer Agrees to Reduce...more

Fox Rothschild LLP

Franchising Follows Consumer Preferences

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Wall Street tells us more about ourselves than perhaps we really want to know. The pandemic has challenged and brought out the best in dining, and particular quick service restaurants. The changes are not only on consumer...more

Stark & Stark

Employers, the Coronavirus, and the Reinstatement of the OSHA ETS: What Now?

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On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), requiring private employers having at least 100 employees companywide (at any given time) to adopt...more

Polsinelli

Franchise Issues Arising Out of the Upcoming Employer Mandates of COVID-19 Vaccinations

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On September 9, 2021, President Biden announced through a COVID-19 Action Plan that his administration is requiring many employers to mandate their employees be vaccinated against COVID-19. The announcement covered federal...more

Burr & Forman

Labor & Employment E-Note - August 2021

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ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately...more

Burr & Forman

Corporate E-Note - August 2021

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Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions - On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going...more

Carlton Fields

Food for Thought: Can the Small Business Reorganization Act Be a Path for Restaurant Franchises?

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Both franchisees and franchisors in the restaurant industry have weathered tumultuous times due to the economic consequences of COVID-19. Franchisors faced hurdles such as having to reduce or eliminate royalties for...more

Lathrop GPM

The Franchise Memorandum - Issue # 265

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Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fraud/Misrepresentation - Minnesota Federal Court Rules that Fraud and Misrepresentation...more

Husch Blackwell LLP

New Program To Provide Relief To Restaurant Industry

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The Restaurant Revitalization Funding (RRF) program, established pursuant to the American Rescue Plan Act signed into law March 11, 2021, provides eligible businesses with the opportunity to recoup a portion of their...more

Cozen O'Connor

Wine Asset Sale Watered Down | Fake Vaccination Cards | Misleading Franchisee Offer

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2022 AG Elections- County District Attorney Launches Bid for Wisconsin Attorney General- •Fond du Lac County DA Eric Toney announced his candidacy for the Republican nomination in the 2022 race for the Wisconsin AG’s...more

Fox Rothschild LLP

Women Returning To The Workforce: Tips For New Franchisees

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The pandemic has had a disproportionate effect on women, with nearly 3 million women having left the workforce since the start of the pandemic. However, there have been a record number of new business applications filed...more

Fox Rothschild LLP

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

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It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

Fox Rothschild LLP

Winter Of Despair Followed By . . . A Spring Of Hope?

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Charles Dicken’s A Tale of Two Cities famously opens with “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of...more

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

Lewitt Hackman

Changes: Cooperation Rather Than Conflict

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The COVID-19 pandemic forced food service franchisors and franchisees to adapt their business models and operations procedures and work together to survive during these unprecedented times. People generally resist change...more

Lewitt Hackman

Franchisee 101: COVID Defense Leads to Contempt

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A federal court in Tennessee held a Gus’s World Famous Fried Chicken former franchisee in contempt for failure to deidentify its restaurant after entry of a temporary restraining order and consent to a permanent injunction. ...more

Fox Rothschild LLP

No Joy For Franchising in CA: AB-5 Exemption Rejected

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As if COVID, wildfires, and heat weren’t enough, California franchisors and franchisees suffered another gut punch when the legislature rejected a proposed franchise exemption to AB-5. When AB-5 was enacted in 2019, to the...more

Lathrop GPM

The Franchise Memorandum - Issue # 257

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Below are summaries of recent legal developments of interest to franchisors. Given the widespread and evolving impact of the COVID-19...more

Fox Rothschild LLP

Are COVID Immunity Laws Good For Franchising? (Part 2: The Counterpoint)

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My vote is YES! In fact, I think they are essential! I thus respectfully disagree with my partner and colleague John Gotaskie. John appropriately focuses on three stakeholders in discussing immunity legislation: business...more

Lathrop GPM

The Franchise Memorandum - Issue # 256

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

Fox Rothschild LLP

Are COVID Immunity Laws Good For Franchising?

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(This post solely reflects the views of the author, and not that of Fox Rothschild or any of its other attorneys.) While I am not opposed to immunity laws generally, I am not fan of immunity that is too broad. Given that...more

Miller Canfield

Operating a Franchise Through COVID-19: Considerations for Franchisees

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At the beginning of 2020, you were operating a successful franchise – you had a steady stream of customers, happy employees, and royalty and ad fund payments were regularly submitted on time. It was smooth sailing until...more

Lathrop GPM

The Franchise Memorandum - Issue # 255

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Below are summaries of recent legal developments of interest to franchisors. Given the widespread and evolving impact of the COVID-19...more

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