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|Incorrect Turnover Projections Can Justify Damages Claims - Franchise Law|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
April 4, 2014, previously published on April 4, 2014If 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.
|Tesla Disrupts Old School Dealer Model|
Jeffrey A. Soble; Foley & Lardner LLP;
March 25, 2014, previously published on March 24, 2014The 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:...
|Are You An Accidental Franchisee?|
Houser Henry Syron LLP;
March 10, 2014Think “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...
|Franchisor Issues in a Lease to a Franchisee: How to Avoid Allowing the Franchisor to Crash the Party|
David J. Tracy; Hinckley, Allen & Snyder LLP;
March 10, 2014, previously published on February 27, 2014This 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...
|Lease Considerations for Franchised Businesses|
Renee Gerstman, Susan E. Wells; Jaburg Wilk;
March 6, 2014Franchised 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...
|Save The Date: Delaware Wants Your Franchise Taxes|
Foley Lardner LLP;
March 6, 2014, previously published on February 27, 2014If 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...
|Sioux City Looks to Settle Excessive Fee Claims|
Sutherland Asbill Brennan LLP;
March 4, 2014, previously published on February 3, 2014Residents 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,...
|Iowa Companies Sue City Over Franchise Fees|
Sutherland Asbill Brennan LLP;
March 4, 2014, previously published on February 4, 2014Eighteen 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.
|Commercial Cleaning Franchisor Sweeps Up RICO Claims — Arbitration Provision and Class-Action Waiver Clause Valid and Enforceable By Nonsignatories|
February 19, 2014, previously published on February 4, 2014Stratus 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)...
|Thanks for Being a Delaware Corporation: Here Is Your $180,000 Franchise Tax Bill|
Richard C. Segal; Foley & Lardner LLP;
February 19, 2014, previously published on February 18, 2014Delaware is the state of incorporation for a majority of venture-backed and publicly-traded corporations. The Delaware courts have developed considerable expertise in dealing with corporate issues and there is a substantial body of case law construing Delaware law. As a result, investors are...