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HTMLAttention Restaurant Operators: The Perishable Agricultural Commodities Act May Apply To You
Scott N. Opincar; McDonald Hopkins LLC;
Legal Alert/Article
August 15, 2013, previously published on August 14, 2013
Both sellers and buyers of perishable agricultural commodities need to be careful to comply with PACA’s rules and regulations. Directors and officers of buyers of perishable agricultural commodities subject to PACA must be aware of their fiduciary duties in order to avoid potential individual...


FILEInvesting Your Way to a Green Card: Franchising May be the Avenue
Irena Juras, Susan E. Wells; Jaburg & Wilk, P.C.;
Legal Alert/Article
August 15, 2013
The global recession has been challenging for most of us. However, one of the silver linings of the global recession is that certain franchisors are focusing on immigrants as franchisees. If you have the funds, and you meet a franchisor’s criteria, you may be able to invest your way to...


HTMLAuto Parts Distributor Avoids Liability In Robinson-Patman Suit
Benjamin R. Dryden, Christopher H. Grigorian; Foley & Lardner LLP;
Legal Alert/Article
August 14, 2013, previously published on August 12, 2013
On July 19, 2013, the Ninth Circuit affirmed an award of summary judgment to an aftermarket auto parts distributor that had received better prices than a competitor. Gorlick Distribution Centers, LLC v. Car Sound Exhaust System, Inc., 2013 U.S. App. LEXIS 14635 (9th Cir. 2013). In rejecting the...


HTMLSevere Consequences for Franchisor Executives: Personal Liability and Non-dischargeable Debt
David L. Cahn, Katelyn P. Vu; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
July 29, 2013, previously published on July 24, 2013
“Do not pass Go, do not collect $200” is a phrase we all remember from the childhood game Monopoly. Like Monopoly, state franchise sales laws have rules and regulations that must be followed. A franchisor’s failure to follow these basic procedural rules for selling franchises can...


HTMLAnother Court Ruling Shows Franchisors the Value of Providing an Item 19 FPR
David L. Cahn; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
July 29, 2013, previously published on July 24, 2013
Take-away: Franchisors cannot rely on disclaimers in the contracts and FDD to protect against claims of providing false financial information.


HTMLFranchise Lessons to Be Learned From the Shopper’s Drug Mart Certification Decision
Sarit E. Batner, Shanon O.N. Grauer, Tyler McAuley, Adam Ship, Thomas N.T. Sutton; McCarthy Tétrault LLP;
Legal Alert/Article
July 24, 2013, previously published on July 22, 2013
The Shoppers Drug Mart franchisees recently took another step forward in their class action lawsuit. Building on his earlier decision, Justice Perell for the Ontario Superior Court of Justice (ONSC) certified a number of elements of the plaintiffs’ action as a class proceeding. In this...


HTMLHow Franchise Systems Can Minimize Risks of Labor Violations
Corby Cochran Anderson, John D. Cole, Dedria Harper Kolb; Nexsen Pruet, LLC;
Legal Alert/Article
July 22, 2013, previously published on July 2013
No one enjoys being the center of attention when that attention is coming from federal regulators. Yet that’s where franchise systems have found themselves of late - especially in the hospitality sector, which accounts for roughly one-third of franchise systems. The Wage and Hour Division of...


HTMLGeneral Motors New Terms and Conditions Effective July 15, 2013
Ryan S. Bewersdorf; Foley & Lardner LLP;
Legal Alert/Article
July 16, 2013, previously published on July 11, 2013
General Motors has announced that Effective July 15, 2013, its general terms and conditions for direct material, customer care & aftersales (CCA) and tooling purchases are changing. The new terms and conditions are part of GM’s implementation of its joint purchasing activities with PSA...


HTMLLawn Mowers and Wheelbarrows Are Now "Motor Vehicles" in New Hampshire
Michael A. Bowen, Roberta F. Howell, Trent M. Johnson; Foley & Lardner LLP;
Legal Alert/Article
July 11, 2013, previously published on July 8, 2013
A statute just enacted in New Hampshire will subject tractors, farm implements, construction, industrial, and forestry equipment, and even lawn and garden equipment to the detailed regulatory regime applying to car dealerships.


HTMLGrowth: The Lifeblood of a Franchise System
Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
June 21, 2013, previously published on June 2013
At a recent meeting of Charlotte’s Franchise Business Network, sponsored by the International Franchise Association (the IFA) and Nexsen Pruet, 40 participants from a range of franchise concepts discussed paths to growing a franchise system, from the perspective of franchisors and...


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