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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.


HTMLFranchise Lessons to Be Learned From the Shopper’s Drug Mart Certification Decision
Sarit E. Batner, Shanon O.N. Grauer, Tyler McAuley, Adam Ship, Thomas N.T. Sutton; McCarthy Tétrault LLP;
Legal Alert/Article
July 24, 2013, previously published on July 22, 2013
The Shoppers Drug Mart franchisees recently took another step forward in their class action lawsuit. Building on his earlier decision, Justice Perell for the Ontario Superior Court of Justice (ONSC) certified a number of elements of the plaintiffs’ action as a class proceeding. In this...


HTMLHow Franchise Systems Can Minimize Risks of Labor Violations
Corby Cochran Anderson, John D. Cole, Dedria Harper Kolb; Nexsen Pruet, LLC;
Legal Alert/Article
July 22, 2013, previously published on July 2013
No one enjoys being the center of attention when that attention is coming from federal regulators. Yet that’s where franchise systems have found themselves of late - especially in the hospitality sector, which accounts for roughly one-third of franchise systems. The Wage and Hour Division of...


HTMLGeneral Motors New Terms and Conditions Effective July 15, 2013
Ryan S. Bewersdorf; Foley & Lardner LLP;
Legal Alert/Article
July 16, 2013, previously published on July 11, 2013
General Motors has announced that Effective July 15, 2013, its general terms and conditions for direct material, customer care & aftersales (CCA) and tooling purchases are changing. The new terms and conditions are part of GM’s implementation of its joint purchasing activities with PSA...


HTMLLawn Mowers and Wheelbarrows Are Now "Motor Vehicles" in New Hampshire
Michael A. Bowen, Roberta F. Howell, Trent M. Johnson; Foley & Lardner LLP;
Legal Alert/Article
July 11, 2013, previously published on July 8, 2013
A statute just enacted in New Hampshire will subject tractors, farm implements, construction, industrial, and forestry equipment, and even lawn and garden equipment to the detailed regulatory regime applying to car dealerships.


HTMLGrowth: The Lifeblood of a Franchise System
Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
June 21, 2013, previously published on June 2013
At a recent meeting of Charlotte’s Franchise Business Network, sponsored by the International Franchise Association (the IFA) and Nexsen Pruet, 40 participants from a range of franchise concepts discussed paths to growing a franchise system, from the perspective of franchisors and...


HTMLGrowler Sales Now Permitted in North Carolina
M. Keith Kapp, Jennifer A. Morgan; Williams Mullen;
Legal Alert/Article
June 19, 2013, previously published on June 18, 2013
North Carolina Governor Pat McCrory signed the growler legislation into law on 12 June 2013, and the law is now in effect. As a result, businesses holding on-premises malt beverage permits, off-premises malt beverage permits, or wine shop permits, may begin selling growlers in accordance with the...


HTMLCPUC Rulemaking to Decide if Localities will be Shut Out of State Video Franchise Renewal Process
Gail A. Karish, Harriet A. Steiner, Joseph Van Eaton; Best Best & Krieger LLP;
Legal Alert/Article
June 6, 2013, previously published on June 5, 2013
The California Public Utilities Commission (CPUC) recently launched a proceeding to establish the rules that holders of state video franchises (such as Comcast, Time Warner Cable, Verizon, AT&T and others) must follow to obtain renewal of their franchises issued pursuant to the Digital...


HTMLA Proposed Franchise Act for British Columbia, Canada
John L. Rogers; Davis LLP;
Legal Alert/Article
May 29, 2013, previously published on May 28, 2013
In March, 2013, the British Columbia Law Institute (“B.C. Institute”) published a “Consultation Paper on a Franchise Act for British Columbia” (the “B.C. Consultation Paper”), which includes a review of the structures of various types of franchise systems, the...


HTMLFourth Circuit Enforces Arbitration Clause over Franchisee Challenge
Jesse C. Ehnert, Paul R. Marino; Day Pitney LLP;
Legal Alert/Article
May 22, 2013, previously published on May 21, 2013
In a recent case involving three different challenges to an arbitration clause in a franchise agreement, the U.S. Court of Appeals for the Fourth Circuit held that the arbitration clause was enforceable despite the agreement's inclusion of (1) a class-action waiver, (2) a fee-splitting clause, and...


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