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HTMLUse of a Computer Inventory Control System Based On a Franchise Agreement - Franchise Law
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
October 8, 2013, previously published on October 8, 2013
The right to use a computer inventory control system depends in particular on the provisions of the franchise agreement and any amendments thereto.

 

HTMLSeven Strategic Steps to Avoid Franchisor Liability
Susan E. Wells; Jaburg & Wilk, P.C.;
Legal Alert/Article
October 2, 2013
One of the hallmarks of franchising is consistency of the brand and operations across the franchise system. If well executed, that consistency gives the public the impression that the franchise system is a centrally-owned operation. Most people don’t know the difference between business...

 

HTMLAttention Auto Dealers: What Constitutes Good Cause to Terminate Your Dealership Agreement?
McDonald Hopkins LLC;
Legal Alert/Article
September 25, 2013, previously published on September 23, 2013
Under Ohio law, a franchisor must have “good cause” in order to terminate a motor vehicle franchise. That good cause cannot include the failure to achieve any unreasonable or discriminatory performance criteria. In order to comply with the law, the Japanese auto manufacturer Nissan...

 

HTMLSurvival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?
Corby Cochran Anderson, Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
August 29, 2013, previously published on August 2013
What had 28 flavors, nearly 1,000 locations, and a ubiquitous orange roof? If you answered Howard Johnson's Restaurants, then you are one of a dwindling number of people who can still appreciate the power that brand once had. At one time, Howard Johnson's was the largest restaurant chain in the...

 

HTMLCalifornia: Withholding Voluntary Compliance Program Provides Benefits to Those with Past-Due Taxes
McDonald Hopkins LLC;
Legal Alert/Article
August 24, 2013, previously published on August 22, 2013
The California Franchise Tax Board (FTB) recently began a program to provide relief to those who qualify with past-due nonwage withholding taxes, called the Withholding Voluntary Compliance Program (WVCP).

 

FILEInvesting Your Way to a Green Card: Franchising May be the Avenue
Irena Juras, Susan E. Wells; Jaburg & Wilk, P.C.;
Legal Alert/Article
August 15, 2013
The global recession has been challenging for most of us. However, one of the silver linings of the global recession is that certain franchisors are focusing on immigrants as franchisees. If you have the funds, and you meet a franchisor’s criteria, you may be able to invest your way to...

 

HTMLAttention Restaurant Operators: The Perishable Agricultural Commodities Act May Apply To You
Scott N. Opincar; McDonald Hopkins LLC;
Legal Alert/Article
August 15, 2013, previously published on August 14, 2013
Both sellers and buyers of perishable agricultural commodities need to be careful to comply with PACA’s rules and regulations. Directors and officers of buyers of perishable agricultural commodities subject to PACA must be aware of their fiduciary duties in order to avoid potential individual...

 

HTMLAuto Parts Distributor Avoids Liability In Robinson-Patman Suit
Benjamin R. Dryden, Christopher H. Grigorian; Foley & Lardner LLP;
Legal Alert/Article
August 14, 2013, previously published on August 12, 2013
On July 19, 2013, the Ninth Circuit affirmed an award of summary judgment to an aftermarket auto parts distributor that had received better prices than a competitor. Gorlick Distribution Centers, LLC v. Car Sound Exhaust System, Inc., 2013 U.S. App. LEXIS 14635 (9th Cir. 2013). In rejecting the...

 

HTMLSevere Consequences for Franchisor Executives: Personal Liability and Non-dischargeable Debt
David L. Cahn, Katelyn P. Vu; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
July 29, 2013, previously published on July 24, 2013
“Do not pass Go, do not collect $200” is a phrase we all remember from the childhood game Monopoly. Like Monopoly, state franchise sales laws have rules and regulations that must be followed. A franchisor’s failure to follow these basic procedural rules for selling franchises can...

 

HTMLAnother Court Ruling Shows Franchisors the Value of Providing an Item 19 FPR
David L. Cahn; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
July 29, 2013, previously published on July 24, 2013
Take-away: Franchisors cannot rely on disclaimers in the contracts and FDD to protect against claims of providing false financial information.

 


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