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HTMLIs There a Lesson from Dunkin’ Donuts for Franchisors Outside Quebec?
M. Sandra Appel; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on August 21, 2015
The Quebec Court of Appeal has recently upheld the 2012 decision of the Superior Court awarding substantial damages - CA$10.9 million - to former franchisees of Dunkin’ Donuts.1 Application for leave to appeal was filed with the Supreme Court of Canada on June 15, 2015; a decision is expected...


HTMLCalifornia: Franchise Tax Board Responds to Issues With Its Web Portal
David H. Godenswager, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
August 7, 2015, previously published on July 30, 2015
On July 23, 2015, in response to ongoing security and privacy concerns, the California Franchise Tax Board (CFTB) announced that it was delaying the launch of its enhanced web portal, MyFTB, until January 2016, so it has more time to implement additional identity verification during the...


HTMLRoom for Sale: Rent-to-Own Is a Retail Trade Under the Texas Franchise Tax
Madison J. Barnett, Olga Jane Goldberg; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 3, 2015, previously published on July 31, 2015
The Texas Court of Appeals ruled that Rent-A-Center is primarily engaged in retail trade and thus qualifies for the lower 0.5% franchise tax rate available to retailers and wholesalers. The Comptroller argued that the rent-to-own business is a rental service rather than the sale of merchandise in a...


HTMLHow Foreign Franchisors Can Expand into the United States Using Foreign Franchisees
Henry J. Chang; Blaney McMurtry LLP;
Legal Alert/Article
July 15, 2015, previously published on July 14, 2015
Foreign-based franchisors may wonder how difficult it would be to expand their businesses into the United States. Although ensuring compliance with local franchising laws is essential, it is not the only challenge that foreign-based franchisors will face when attempting to establish a presence in...


HTMLFast food and franchise
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
May 7, 2015, previously published on May,06,2015
A well-known fast food chain has terminated the contract with one of its franchisees in Germany, but the latter is fighting back. There are several pitfalls that one needs to be mindful of regarding franchise agreements.


HTMLWhat Happens When a Franchise Agreement Ends, Part Two: Cancellation
Richard Stobbe; Field Law;
Legal Alert/Article
April 27, 2015, previously published on March 12, 2015
In some cases, a franchise relationship ends after many years of business. At the point of termination, the parties must wrestle with a number of issues, including customers, inventory, and (as we reviewed in Part 1) the impact of any post-termination restrictive covenants.


HTMLInternational Franchising in the Fashion Industry - Top Five Tips for Growing Overseas
Robyn Chatwood, Babette Märzheuser-Wood; Dentons Canada LLP;
Legal Alert/Article
April 22, 2015, previously published on January 13, 2015
In the evolution of any fashion brand, growing the business through online and retail stores is a key strategic issue. Following initial launch and consolidation, it is inevitable that, in each fashion brand's life cycle, it will consider international expansion. Then, how to grow will be as...


HTMLNew Ukrainian Franchise Regulations Adopted
Babette Märzheuser-Wood; Dentons Canada LLP;
Legal Alert/Article
April 22, 2015, previously published on February 4, 2015
The Ministry of Justice of Ukraine, through its Order No. 1601/5 recently adopted a new “Procedure for the State Registration of Commercial Concession (and Sub-Concession) Agreements” (the “Franchise Registration Procedure”). Commercial Concession is the Ukrainian legaleze...


HTMLQuébec Court of Appeal Recognizes Implied Obligations in Franchise Agreement: What Does This Really Mean?
Helen Fotinos, Sam Khajeei, Anne-Marie Naud, Adam Ship, Chantal C. Tremblay; McCarthy Tétrault LLP;
Legal Alert/Article
April 22, 2015, previously published on April 17, 2015
On April 15, 2015, the Québec Court of Appeal released its long-awaited decision in Dunkin' Brands Canada Ltd. c. Bertico inc., 2015 QCCA 624. The Court applied its earlier decision in Provigo[1] in conjunction with the “theory of implied obligations” and the “duty of good...


HTMLFranchise POST: A Franchise Chain's Non-compete Agreement Comes Under Congressional Scrutiny
Matthew S. DeAntonio; Nexsen Pruet, LLC;
Legal Alert/Article
April 14, 2015, previously published on January 6, 2015
Tremors were felt throughout the franchise community when a recent article in The Huffington Post reported that the Jimmy Johns sandwich franchise is under Congressional scrutiny for its franchisees’ practice of requiring lower level employees to sign non-competition agreements. The...


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