FRANCHISE LAW WITH ZING
You may have read the news reports that McDonald’s Corp. settled a case involving a claim that it was a joint employer along with one of its franchisees. That settlement was announced on October 31 and follows an interim ruling by a federal court that may provide practical guidance to franchisors. Here are the details: […]
Three appeals court rulings in April will help franchisors enforce their franchise agreements and system standards. We are pleased that [nap_names id=”FIRM-NAME-3″] litigators brought home two of those victories. Fabbro v. DRX Urgent Care, LLC, No. 14-1734 2015 WL 1453537 (3d Cir. April 1, 2015) Our litigation team, led by Jim Rubinger, represented the franchisor […]
About.com August 8, 2014 http://franchises.about.com/od/Franchise-Structure/fl/What-the-NLRB-Action-Means-for-Franchisors-with-practical-tips.htm
California Supreme Court Rejects Vicarious Liability Claim by Franchisee’s Employee against Franchisor While Ninth Circuit Court of Appeals Holds Delivery Drivers Are Employees not Independent Contractors under California Law One month after the NLRB’s General Counsel announced that he would pursue complaints against McDonald’s regarding alleged unfair labor practices at McDonald’s franchisees (see our alert […]
Client Alert on the NLRB General Counsel’s Statement Concerning McDonald’s USA LLC with Practical Tips for Actions Items to Consider Download PDF There have been many reports that the National Labor Relations Board (known as the NLRB in Washingtonian alphabet-speak) has issued an order, published a decision, or otherwise reached a final conclusion in a case involving […]
The Supreme Court’s decision in Atlantic Marine Construction Co., Inc. v. US District Court for the Western District of Texas, No. 12-929, had several holdings of import for franchise companies. The decision follows the Supreme Court’s precedents in The Bremen, Carnival Cruise Lines, and Stewart Organization v. Ricoh, in giving forum selection clauses great weight, […]
If you have any franchisees in New York, then don’t forget to submit your New York “Information Returns for Franchisors” by June 20th. Not sure what you have to do? We’ve provided a brief summary below. How Does This Apply to You? The New York “Information Returns for Franchisors” requirement applies to any franchisor that […]
On May 15, 2012, we submitted comments on the Model Franchise Exemptions proposed by the Franchise and Business Opportunity Group of the North American Securities Administrators Association (NASAA). Among other things, we recommended expanding the proposed “fractional franchise” exemption and adding an exemption for franchise sales involving nominal fees.
On March 12, 2012 we submitted a letter to Lois Greisman, Associate Director for Marketing Practices at the Federal Trade Commission, requesting that the FTC revise its guidance on disclosure of financial performance representations. Our letter pointed out that some state regulators have used the FTC’s existing guidance as authority for sharply narrowing the scope of permissible disclosures regarding company-owned […]
If you attended the Technology Summit at this year’s IFA Convention, you heard Facebook announce that IFA members would be given access to FB’s new parent/child tool to control how franchisees use the brand on Facebook. The news was the culmination of work that Ken Colburn of The Data Doctors and Lee Plave started in […]
