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|Recent Franchise Non-Compete Cases Show Unpredictability of Enforcement|
David L. Cahn; Whiteford, Taylor & Preston L.L.P.;
January 15, 2014, previously published on January 14, 2014Summary: Recent cases involving attempted enforcement of covenants not to compete by franchisors show the unpredictability of the results in such cases. However, careful reading of the factual circumstances of the cases also supports the adage that “bad facts make bad law.” So it...
|Thinking About Buying a Franchise?|
Susan E. Wells; Jaburg & Wilk, P.C.;
January 14, 2014If you’re considering purchasing a franchise, you’re probably overwhelmed by the size of the Franchise Disclosure Document (or, as it’s colloquially called, the “FDD”) and firmly believe that the franchisor’s lawyer gets paid by the word (no, we don’t).
|Yet Another Forecast - North American Light Vehicle Production Almost 17 Million in 2014|
Jeffrey A. Soble; Foley & Lardner LLP;
January 13, 2014, previously published on January 9, 2014Consistent with many of the forecasts out there, IRN, Inc. is forecasting a 4.5% jump in North American Light Vehicle Production in 2014. If accurate, almost 17 million light vehicles would be sold in 2014 in North America. IRN sees the Detroit 3 up over 6.5% and Nissan continuing to gain on its...
|Growing Your Business without Producing Unintentional Franchise Headaches|
Donna Ray Berkelhammer; Sands Anderson PC;
January 8, 2014, previously published on January 6, 2014Many successful businesses want to open secondary locations, or “license” the business to a third party to operate additional locations. Be very careful when setting up a third-party model - it is easy to create an accidental franchise or violate the North Carolina Business...
|Franchising: The Route to International Expansion in the Leisure Sector|
Dentons Canada LLP;
December 18, 2013, previously published on December 17, 2013Franchising is a proven route to the successful international expansion of leisure businesses such as fitness studios, golf clubs and tennis schools. In the leisure sector global brands such as Curves International and Gold's Gym have used franchising successfully to grow in both traditional...
|Supreme Court Bolsters Enforceability of Forum Selection Clause|
Paul J. Halasz; Day Pitney LLP;
December 16, 2013, previously published on December 10, 2013The U.S. Supreme Court decided unanimously in a December 3 decision that forum selection clauses will be enforced in "all but the most exceptional cases" when a party seeks a transfer to a contractually prescribed federal venue in a motion pursuant to 28 U.S.C. 1404(a). When the parties'...
|Business Franchises in Argentina (Revisited) and Unilateral Termination of Argentina Distribution Agreements|
Carlos Enrique Alfaro; Alfaro-Abogados;
December 4, 2013, previously published on Fall 2013The business Franchise has grown significantly in Argentina since the 1990's. According to the Argentine business franchise association, there are about 600 franchisees in the country that integrate a network of over 5,000 franchised stores providing various products and services.
|Car Dealers Lose Negotiating Leverage & Profits... and Like it|
Jeffrey A. Soble; Foley & Lardner LLP;
November 13, 2013, previously published on November 11, 2013The Chicago Tribune recently ran a story that will in large part not surprise anyone - car buyers are armed with more information before they walk onto a lot than ever before. But there are some aspects about the article that will surprise people.
|Showdown in Harrisburg|
Ted P. Pearce; Nexsen Pruet, LLC;
November 7, 2013, previously published on November 5, 2013Like a strong marriage, a strong franchise relationship must be built on shared success. In the end, no relationship is likely to work out when one side holds all the cards.
|Are Your Licenses Really Franchises? How to Avoid Inadvertent Franchise Regulation|
Vorys Sater Seymour Pease LLP;
October 31, 2013, previously published on October 28, 2013To expand the scope of their business - either geographically or into additional product categories - many companies license their trademarks. Company "A" sells milk, for instance, and shipping milk far from its source of production may not make economic sense. A restaurateur wishes to...