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|New Jersey Franchisee Prevails on Summary Judgment|
Vincent T. Cieslik; Capehart & Scatchard, P.A.;
June 20, 2014, previously published on June 5, 2014One of the most potent weapons in the arsenal of a defendant, particularly one with the financial ability to litigate on a limitless budget, is the motion for summary judgment. A motion for summary judgment says to the Court that a party is clearly entitled to win the entire case, and that the case...
|Federal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations|
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
June 17, 2014, previously published on June 12, 2014In a closely watched case involving allegations of false advertising by competitors, the U.S. Supreme Court handed a victory to POM Wonderful by accepting that company’s argument that mere compliance with governmental regulations does not preclude or preempt false advertising claims under the...
|Licensing, Deposit, Distribution, License (Franchise) and Security Contracts in the New Civil Code|
Dentons Canada LLP;
June 13, 2014, previously published on May 30, 2014On 15 March 2014, the new Civil Code entered into force as the most important legislation governing the financial and personal relations of companies and persons. The new code has an increased commercial emphasis incorporating the results of legal developments of the past decades by adapting to the...
|Rent-A-Member: Oregon Tax Court Rules Taxpayer Unitary with Its Captive Insurance Subsidiary but Not Its Franchising Subsidiary|
Pilar Mata, Derek Takehara; Sutherland Asbill & Brennan LLP;
May 26, 2014, previously published on May 21, 2014The Magistrate Division of the Oregon Tax Court held that for the tax year 2003, (1) Rent-A-Center, a rent-to-own operator, and its wholly-owned franchising subsidiary, ColorTyme, were not unitary; (2) ColorTyme did not have nexus with Oregon; and (3) Rent-A-Center and its captive insurance...
|New York: Governor Andrew Cuomo Signs Major NY Franchise Tax Overhaul Into Law|
McDonald Hopkins LLC;
May 21, 2014, previously published on May 8, 2014On March 31, 2014, New York Governor, Andrew Cuomo, signed the New York Budget Bill, 8559-D and S. 6359-D, into law. The budget included many major changes to New York franchise taxes, including a repeal of the Banking Franchise Tax, subjecting financial institutions to the Corporate Franchise Tax,...
|Are Franchise Agreements Negotiable?|
Susan E. Wells; Jaburg & Wilk, P.C.;
May 15, 2014Every franchisor has a form of franchise agreement that defines the rights and obligations of the franchisor and the franchisee. Or should I say, defines the rights of the franchisor and the obligations of the franchisee? The franchise agreement is an exhibit to the Franchise Disclosure Document...
|Issues to Consider for Prospective Franchise Owners|
Vincent T. Cieslik; Capehart & Scatchard, P.A.;
May 14, 2014, previously published on May 2, 2014Our firm and attorneys have represented franchisees in litigation with their franchisors for years. The franchise style of business, from the franchisor’s point of view, is all about standardization in contracts, services, and products. The franchisor wants and needs uniformity across the...
|Claim against Former Franchisee for Soliciting Customer Lists “Turfed” by BC Court|
Christopher Horkins; Cassels Brock & Blackwell LLP;
May 12, 2014, previously published on May 2, 2014In 0867007 BC Ltd v. Destinations International, the Provincial Court of British Columbia dismissed the claims of a franchised business purchaser seeking to rely on purported non-competition and non-solicitation provisions in its claim against the former franchisee that sold the business. Although...
|Ontario Court Overturns Wrongful Termination of Franchise Agreement by Franchisor|
Colin Pendrith; Cassels Brock & Blackwell LLP;
May 12, 2014, previously published on May 2, 2014In the recent case of ANC Business Solutions Inc. v. Virtualink Canada Ltd. in the Ontario Superior Court of Justice, Justice Perell considered whether Virtualink, the franchisor of a franchise system offering “executive office suites,” had unlawfully terminated ANC, one of its...
|Not Loving It: Ontario Human Rights Tribunal Denies Attempt by Fast Food Franchisor to Extricate Itself from Complaint|
Carly Cohen; Cassels Brock & Blackwell LLP;
May 12, 2014, previously published on May 2, 2014In Lindsey v. McDonald’s Restaurants of Canada Ltd., the Human Rights Tribunal of Ontario denied McDonald’s preliminary request that it be removed as a respondent to an application alleging discrimination by a former employee.