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|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...
|New SOP 50 10 5(F) Brings Major Changes for SBA Requirements|
Alison W. Rind, Arnold D. Spevack; Lerch, Early & Brewer, Chartered;
October 24, 2013, previously published on October 21, 2013The Small Business Administration’s New SOP 50 10 5(F) will become effective January 1, 2014. This latest version has significantly revised SBA requirements in both the 7(a) and 504 loan programs. This article highlights the most important changes in the program requirements.
|Alberta Court Reminds Franchisors of the Importance of a Properly-Signed Disclosure Certificate|
Rebecca Valo; Cassels Brock & Blackwell LLP;
October 17, 2013, previously published on October 2013The recent case of 1448244 Alberta Inc. v Asian Concepts Franchising Corporation (“Asian Concepts”), a decision of the Court of Queen’s Bench of Alberta, serves as a reminder of the importance of technical compliance with the disclosure requirements in Canada, particularly those...
|Ontario Superior Court of Justice Enforces Non-Competition Covenant against Former Franchisee, Her Spouse, and Their Corporate Alter Ego|
Eric Mayzel; Cassels Brock & Blackwell LLP;
October 17, 2013, previously published on October 2013In Pet Valu Canada Inc. v. 1381114 Ontario Limited, the Ontario Superior Court of Justice granted Pet Valu’s motion for an interim injunction to prevent the operation of a competing business by a former franchisee, its principal, the principal’s husband, and their corporate alter ego....