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Documents on franchises
 

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HTMLAppellate Court Rules that "Evolving and Continuous" Breaches of "Franchise Agreement" Allow Termination Even Though Manufacturer Had Prior Knowledge of Problems
Jeffrey J. Jones, J. Todd Kennard; Jones Day;
Legal Alert/Article
February 1, 2012, previously published on January 2012
The Supreme Court of Alabama recently ruled that a manufacturer was not precluded from terminating a "franchise" agreement under a state dealer statute even though the manufacturer had knowledge of the problems at issue more than 180 days before the proposed termination (the length of...

 

HTMLFurther Changes to Foreign Investment Laws for India’s Retail Sector
Stephen Giles, Allison McLeod, Kerry Ryan; Norton Rose Canada LLP;
Legal Alert/Article
January 25, 2012, previously published on January 2012
The Indian Government has announced what would appear to be final details of the changes to the laws affecting foreign investment in the retail sector, paving the way for foreign retailers selling single branded products to move into India without having to partner with an Indian company. However...

 

HTMLThe A.R.T. of Franchising Advice - Reminders - Tips
Wayne P. Bunch, Mark H. Miller; Jackson Walker L.L.P.;
Legal Alert/Article
January 23, 2012, previously published on January 19, 2012
As the new year begins, once again you will be re-examining your franchise sales or recruitment efforts. Perhaps one way to develop more effective sales or recruitment strategies is to get into the "head" of your prospective Franchisees. What are Franchisees looking for in a business?...

 

HTMLThe Reluctant Franchisor
Susan E. Wells; Jaburg & Wilk, P.C.;
Legal Alert/Article
January 6, 2012
A client may believe that they only want to do a license instead of a franchise due to the the heavily-regulated nature of franchising, but they are most likely drawing a conclusion that disregards the facts and/or the law. What is a franchise? What must franchisors disclose?

 

HTMLRetailers and Manufacturers Take Heed: California Senate Bill 657 Takes Effect January 1, 2012
Rod Pacheco, Monica B. Richman; SNR Denton;
Legal Alert/Article
December 14, 2011, previously published on December 12, 2011
The 2009-2010 California Legislative Session passed legislation sponsored by Senator Darrell Steinberg highlighting what he described as "human trafficking and slavery in a company’s supply chain." As the Senate pro Tem leader of California’s State Senate, Senator Steinberg...

 

HTMLAre Shuttle Drivers Franchisees or Employees? Ninth Circuit Wants Lower Court to Decide
Joel R. Buckberg; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 9, 2011, previously published on December 8, 2011
Air travelers are familiar with the ubiquitous blue vans bearing the SuperShuttle logo that whisk travelers to the local destinations of their choice. Since 2001, the drivers of those vans have been franchisees under unit franchise agreements. The parent entity leases the vans to the...

 

HTMLThe New Tag Team - Antitrust and FCPA
John G. Calender; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 9, 2011, previously published on December 8, 2011
Is your company seeking new markets outside the U.S. and North America, or engaging more actively in industry trade associations, conferences and events? The attraction of foreign markets and enhanced industry participation carries a cautionary element: the need to develop and implement more...

 

Adobe PDFThe Fight Over Where to Fight: Removal, Transfer of Venue, and Compelling Arbitration
Michael Boxerman, James Susag; Carlton Fields P.A.;
Presentation
December 9, 2011
This paper first discusses the legal and strategic implications of forum selection and choice of law clauses, including the enforceability issues inherent to each. Next, the authors examine the potential ramifications of litigating in state versus federal court and consider jurisdictional concerns...

 

HTMLFighting Fire with Fire: Federal Court Orders Cancellation of Firehouse Subs’ Trademark after Jury Finds Fraud on the PTO
Jillian M. Suwanski; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 9, 2011, previously published on December 8, 2011
The Federal District Court for the District of South Carolina recently upheld a jury verdict against Firehouse Restaurant Group, Inc. (FRG), the owner of the “Firehouse Subs” sandwich chain, creating potentially significant challenges for the franchise system and providing a cautionary...

 

HTMLHardee’s Successfully Defends Market Contraction Claims After Franchisee Blames “Lewd” Advertisements
Benjamin Janke; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 9, 2011, previously published on December 8, 2011
The advertising by the super-competitive QSR burger¿themed chains clamors for viewer attention. When it plays to the young male demographic exclusively, at the risk of offending female patrons and viewers, does it justify abandoning the franchise? Specifically, would hamburger advertisements...

 


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