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HTMLGlobal Franchise News: Preventing Competition by Former Franchisees
Dentons Canada LLP;
Legal Alert/Article
May 8, 2014, previously published on April 30, 2014
Most franchise agreements prevent the franchisee from competing with the franchisor for a certain period of time after termination. In Europe this is typically one year. In addition the franchisee can be prevented from using the trade mark of the franchisor for as long as the trade mark remains the...

 

HTMLFailure Is Not An Option
Tillman Y. Coffey; Fisher & Phillips LLP;
Legal Alert/Article
May 8, 2014, previously published on May 5, 2014
When it comes to a dealership’s legal liability for employment-related problems, the basis of the liability generally falls into two categories - actions the dealership took and those it failed to take. When it comes to big dollar jury awards and settlements, a dealership’s failure to...

 

HTMLIs Your Dealership Taking Advantage Of Employment Arbitration?
Matthew R. Simpson; Fisher & Phillips LLP;
Legal Alert/Article
May 8, 2014, previously published on May 5, 2014
Many dealerships try to reduce the risk of high-dollar litigation and runaway jury awards by invoking mandatory arbitration for their applicants and employees. Employees who think that they were paid or treated unfairly are then required to bring the matter to an arbitrator rather than file a...

 

HTMLFriendly Reminder for LLCs and LPs: Delaware Is Looking for Your Dollars
Foley Lardner LLP;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
It’s that time again: time to pull out your checkbooks and send Delaware your dollars. As I previously wrote, while corporations had an annual franchise tax payment due in March, it’s time for LLCs and LPs to pony up. It’s the cost of housing your business in Delaware, but...

 

HTMLOntario Court Finds that Material Omission in Franchise Disclosure Document Provides Only 60-Day Rescission Right
Sarit E. Batner, Helen Fotinos, Brooke MacKenzie, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
April 25, 2014, previously published on April 23, 2014
In a significant recent decision, the Ontario Superior Court of Justice granted partial summary judgment in Caffé Demetre v. 2249027 Ontario Inc. the first franchise rescission claim to be decided since the new summary judgment test was set down by the Supreme Court of Canada in Hryniak v....

 

HTMLSioux City Approves Franchise Fee Settlement
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 24, 2014, previously published on April 22, 2014
As cities across Iowa face lawsuits over allegedly excessive franchise fees, Sioux City, Iowa, has agreed to settle and absorb the cost of nearly $6.5 million in refunds to be paid to residents who were overcharged for franchise fees on their utility bills.

 

HTMLB.C. Even Closer to Enacting Franchise Legislation
Jordanna Cytrynbaum, Miriam Isman, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
April 23, 2014, previously published on April 3, 2014
British Columbia has no special franchise legislation - franchise relationships are governed by the terms of franchise agreements and the common law of contracts. However, a new report reveals that interested parties are largely in favour of changing this regime through the introduction of...

 

HTMLNew York Tax Reform Made Easy: Business Income Base and Tax Rate
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 17, 2014, previously published on April 15, 2014
The New York State Governor and Legislature recently enacted the 2014-2015 New York State Budget, Senate Bill 6359-D and Assembly Bill 8559-D (Budget), which results in the most significant overhaul of New York’s franchise tax on corporations in decades. In this edition of New York Tax Reform...

 

HTMLThe British Columbia Law Institute Recommends Franchise Legislation in that Province
Frank Robinson, Derek Ronde, Geoffrey B. Shaw, Rebecca Valo, Larry M. Weinberg; Cassels Brock & Blackwell LLP;
Legal Alert/Article
April 16, 2014, previously published on April 11, 2014
After months of consultation with industry stakeholders, the British Columbia Law Institute (“BCLI”) has issued its Report on a Franchise Act for British Columbia (the “Report”), which makes a recommendation to the Government of the Province of British Columbia to enact...

 

HTMLTeaching Old Dogs New Tricks - Changes to The Canada Small Business Financing Regulations
Jonathan Fleisher, Keri Wallace; Cassels Brock & Blackwell LLP;
Legal Alert/Article
April 16, 2014, previously published on April 9, 2014
The Canada Small Business Financing Program (“CFBFP”) was first introduced over 40 years ago by the Federal Government to provide small and medium sized businesses greater access to financing, through this government guaranteed loan program. When initially introduced, banks readily...

 


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