FRANCHISE LAW WITH ZING
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 […]
On December 7th, the US Court of Appeals for 9th Circuit handed down an opinion in Red Lion Hotels Franchising, Inc. v. MAK, LLC, 2011 WL 6061516 (9th Cir., Dec. 7, 2011). Of particular note is the court’s conclusion that the “franchisee bill of rights” under the Washington Franchise Investment Protection Act (FIPA) applies if […]
The current Chinese Franchise Regulations, which took effect on May 1, 2007, require franchisors to complete a regulatory filing and to provide disclosure before they may offer franchises in the PRC. Franchisors also must satisfy other requirements, such as the infamous “2+1 rule” (requiring a franchisor to have two company-owned units operating for at least […]
Domino’s Pizza is not vicariously liable for an automobile accident caused by a pizza deliveryman, the Maine Supreme Court has ruled. A pizza deliveryman was in a car accident with a man on a motorcycle. The motorcyclist sued the pizza store as well as Domino’s Pizza, which had franchised the store. He claimed that Domino’s […]
We wanted to pass along the attached decision from the Sixth Circuit Court of Appeals yesterday involving La Quinta Inns and a former franchisee that we thought might be of interest to you. The Sixth Circuit reached some helpful conclusions regarding enforcing system change in hotel systems, enforcing liquidated damages in hotel franchise agreements, and […]
