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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...


HTMLIncorrect Turnover Projections Can Justify Damages Claims - Franchise Law
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
April 4, 2014, previously published on April 4, 2014
If a franchisee is not informed that turnover projections are based merely upon estimations then it is entitled to damages claims with respect to the turnover figures that have not been achieved.


HTMLTesla Disrupts Old School Dealer Model
Jeffrey A. Soble; Foley & Lardner LLP;
Legal Alert/Article
March 25, 2014, previously published on March 24, 2014
The staggering pace of innovation has led to a number of industries being disrupted by upstarts providing similar services or products outside of the established model. Want a taxi? Use Uber. Need a hotel? Try Airbnb. Looking to watch television or a movie? The choices are almost already endless:...


Adobe PDFAre You An Accidental Franchisee?
Houser Henry Syron LLP;
Legal Alert/Article
March 10, 2014
Think “Franchise”, and some of the major restaurant and retail chain logos likely spring to mind. While this is correct, the types of businesses that qualify as a franchise extend far beyond what you might imagine. In reality, many different types of business relationships can result...


Adobe PDFFranchisor Issues in a Lease to a Franchisee: How to Avoid Allowing the Franchisor to Crash the Party
David J. Tracy; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
March 10, 2014, previously published on February 27, 2014
This article will address issues which arise in the context of a lease by a landlord to a franchisee and the issues raised by a franchisor in a proposed addendum to the lease. The franchisor has legitimate interests it desires to protect. A well-structured document will allow those interests to be...


HTMLLease Considerations for Franchised Businesses
Renee Gerstman, Susan E. Wells; Jaburg Wilk;
Legal Alert/Article
March 6, 2014
Franchised businesses pose unique leasing issues that the broker or agent should be aware of at the outset of the representation. The primary difference is that in the franchise context, you will need to satisfy your client, the franchisee, and the franchisor. Ask your franchisee client for any...


HTMLSave The Date: Delaware Wants Your Franchise Taxes
Foley Lardner LLP;
Legal Alert/Article
March 6, 2014, previously published on February 27, 2014
If you’ve been keeping tabs on strategy for franchise tax payments in Delaware, you’re probably already aware that annual reports and franchise tax payments are due in the near future. For for-profit corporations filed with the Division of Corporations of the Secretary of State of...


HTMLSioux City Looks to Settle Excessive Fee Claims
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 4, 2014, previously published on February 3, 2014
Residents in multiple Iowa cities have filed lawsuits claiming that franchise fees added to customers’ utility bills by those cities were excessive and amounted to an illegal tax. Despite the Iowa legislature’s subsequent passing of a law legalizing franchise taxes of up to 5 percent,...


HTMLIowa Companies Sue City Over Franchise Fees
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 4, 2014, previously published on February 4, 2014
Eighteen companies in Dubuque, Iowa, have filed suit against the city over its refusal to reimburse franchise fees. The plaintiffs claim that they have paid franchise fees on gas and electric utility bills imposed by utilities, including Maquoketa Valley Electric Cooperative.


HTMLCommercial Cleaning Franchisor Sweeps Up RICO Claims — Arbitration Provision and Class-Action Waiver Clause Valid and Enforceable By Nonsignatories
HeplerBroom LLC;
Legal Alert/Article
February 19, 2014, previously published on February 4, 2014
Stratus Building Solutions faced a business challenge on a bet the company scale. Despite winning many franchise awards, five franchisees charged that its entire system imposed a fraud on franchisees. The plaintiffs sued 179 defendants, including the system franchisor, master (regional)...


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