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HTMLFranchise POST: The Reformation of Financial Performance Representations; Has the Time Arrived?
Theodore P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
January 5, 2016, previously published on December 21, 2015
Financial Performance Representations (“FPR’s), or earnings claims, have been an integral part of franchise sales process well before the Federal Trade Commission (“FTC”) began its supervision of the franchise model. The original Federal Trade Commission franchise rule,...

 

HTMLBrand Standards Are for Everyone
Theodore P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
October 22, 2014, previously published on October 14, 2014
Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be.

 

HTMLActions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?
David E. Dubberly, Theodore P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
August 14, 2014, previously published on August 5, 2014
The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. Employees of franchisees have filed more than 180 unfair labor...

 

HTMLTen Contract Provisions That a Prospective Franchisee Should Consider Before Signing a Franchise Agreement
Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
February 18, 2014, previously published on February 10, 2014
The saying that “love is blind” is as true in picking a franchise as in finding a soul-mate. Most prospective franchisees tend to shop franchise concepts instead of franchise agreements. They focus their search on hot concepts, franchise systems that have a good track record, and...

 

HTMLShowdown in Harrisburg
Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
November 7, 2013, previously published on November 5, 2013
Like 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.

 

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...

 

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...