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HTMLFranchising: The Route to International Expansion in the Leisure Sector
Dentons Canada LLP;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
Franchising is a proven route to the successful international expansion of leisure businesses such as fitness studios, golf clubs and tennis schools. In the leisure sector global brands such as Curves International and Gold's Gym have used franchising successfully to grow in both traditional...


HTMLSupreme Court Bolsters Enforceability of Forum Selection Clause
Paul J. Halasz; Day Pitney LLP;
Legal Alert/Article
December 16, 2013, previously published on December 10, 2013
The U.S. Supreme Court decided unanimously in a December 3 decision that forum selection clauses will be enforced in "all but the most exceptional cases" when a party seeks a transfer to a contractually prescribed federal venue in a motion pursuant to 28 U.S.C. 1404(a). When the parties'...


Adobe PDFBusiness Franchises in Argentina (Revisited) and Unilateral Termination of Argentina Distribution Agreements
Carlos Enrique Alfaro; Alfaro-Abogados;
Legal Alert/Article
December 4, 2013, previously published on Fall 2013
The business Franchise has grown significantly in Argentina since the 1990's. According to the Argentine business franchise association, there are about 600 franchisees in the country that integrate a network of over 5,000 franchised stores providing various products and services.


HTMLCar Dealers Lose Negotiating Leverage & Profits... and Like it
Jeffrey A. Soble; Foley & Lardner LLP;
Legal Alert/Article
November 13, 2013, previously published on November 11, 2013
The Chicago Tribune recently ran a story that will in large part not surprise anyone - car buyers are armed with more information before they walk onto a lot than ever before. But there are some aspects about the article that will surprise people.


HTMLShowdown in Harrisburg
Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
November 7, 2013, previously published on November 5, 2013
Like a strong marriage, a strong franchise relationship must be built on shared success. In the end, no relationship is likely to work out when one side holds all the cards.


HTMLAre Your Licenses Really Franchises? How to Avoid Inadvertent Franchise Regulation
Vorys Sater Seymour Pease LLP;
Legal Alert/Article
October 31, 2013, previously published on October 28, 2013
To expand the scope of their business - either geographically or into additional product categories - many companies license their trademarks. Company "A" sells milk, for instance, and shipping milk far from its source of production may not make economic sense. A restaurateur wishes to...


HTMLNew SOP 50 10 5(F) Brings Major Changes for SBA Requirements
Alison W. Rind, Arnold D. Spevack; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
October 24, 2013, previously published on October 21, 2013
The Small Business Administration’s New SOP 50 10 5(F) will become effective January 1, 2014. This latest version has significantly revised SBA requirements in both the 7(a) and 504 loan programs. This article highlights the most important changes in the program requirements.


HTMLOntario Court Grants Statutory Rescission for Multiple Disclosure Failures
Christopher Horkins; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 17, 2013, previously published on October 2013
In March 2013, the Ontario Superior Court of Justice released a new rescission remedy decision that underscores the serious consequences resulting to franchisors from deficiencies in their disclosure documents required under Ontario’s Arthur Wishart Act (“the Act”).


HTMLAlberta Court Reminds Franchisors of the Importance of a Properly-Signed Disclosure Certificate
Rebecca Valo; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 17, 2013, previously published on October 2013
The recent case of 1448244 Alberta Inc. v Asian Concepts Franchising Corporation (“Asian Concepts”), a decision of the Court of Queen’s Bench of Alberta, serves as a reminder of the importance of technical compliance with the disclosure requirements in Canada, particularly those...


HTMLOntario Superior Court of Justice Enforces Non-Competition Covenant against Former Franchisee, Her Spouse, and Their Corporate Alter Ego
Eric Mayzel; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 17, 2013, previously published on October 2013
In Pet Valu Canada Inc. v. 1381114 Ontario Limited, the Ontario Superior Court of Justice granted Pet Valu’s motion for an interim injunction to prevent the operation of a competing business by a former franchisee, its principal, the principal’s husband, and their corporate alter ego....


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