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|Europe: New Laws to Increase Protection of Trade Secrets and Confidential Information|
Dentons Canada LLP;
July 30, 2014, previously published on July 23, 2014 A new Directive in the European Union is set to assist franchisors and franchisees who own confidential business information (such as trade secrets and know-how). The proposal will be welcomed by business, given the laws to protect and enforce trade secrets across the EU are at present fragmented...
|Australia Introduces New Duty of Good Faith|
Robyn Chatwood, Babette Marzheuser-Wood; Dentons Canada LLP;
July 29, 2014, previously published on July 1, 2014Australia is set to amend the mandatory Franchising Code of Conduct (the Code) and the Competition and Consumer Act (the CCA). The changes are likely to take effect on 1 January 2015.
|Canada's New Trademarks Act: What it Means for You|
Shane Hardy, Steven Kennedy, Stephen I. Selznick; Cassels Brock & Blackwell LLP;
July 3, 2014, previously published on June 27, 2014As reported in our previous e-lert, the Parliament of Canada passed Bill C-31, the Economic Action Plan 2014 Act, No. 1 on June 19, 2014. This has been a much anticipated omnibus bill, which introduces sweeping changes to Canadian trademark law.
|Turkey: A New Era on Pre-Contractual Disclosure Requirements of the Franchisor?|
Dentons Canada LLP;
July 2, 2014, previously published on June 12, 2014Turkey has long been a relatively franchisor-friendly jurisdiction given that franchise agreements are not governed by a special law and that there are no statutory requirements on registration or pre-contractual disclosure.
|New Jersey Franchisee Prevails on Summary Judgment|
Vincent T. Cieslik; Capehart & Scatchard, P.A.;
June 20, 2014, previously published on June 5, 2014One of the most potent weapons in the arsenal of a defendant, particularly one with the financial ability to litigate on a limitless budget, is the motion for summary judgment. A motion for summary judgment says to the Court that a party is clearly entitled to win the entire case, and that the case...
|Federal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations|
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
June 17, 2014, previously published on June 12, 2014In a closely watched case involving allegations of false advertising by competitors, the U.S. Supreme Court handed a victory to POM Wonderful by accepting that company’s argument that mere compliance with governmental regulations does not preclude or preempt false advertising claims under the...
|Licensing, Deposit, Distribution, License (Franchise) and Security Contracts in the New Civil Code|
Dentons Canada LLP;
June 13, 2014, previously published on May 30, 2014On 15 March 2014, the new Civil Code entered into force as the most important legislation governing the financial and personal relations of companies and persons. The new code has an increased commercial emphasis incorporating the results of legal developments of the past decades by adapting to the...
|Rent-A-Member: Oregon Tax Court Rules Taxpayer Unitary with Its Captive Insurance Subsidiary but Not Its Franchising Subsidiary|
Pilar Mata, Derek Takehara; Sutherland Asbill & Brennan LLP;
May 26, 2014, previously published on May 21, 2014The Magistrate Division of the Oregon Tax Court held that for the tax year 2003, (1) Rent-A-Center, a rent-to-own operator, and its wholly-owned franchising subsidiary, ColorTyme, were not unitary; (2) ColorTyme did not have nexus with Oregon; and (3) Rent-A-Center and its captive insurance...
|New York: Governor Andrew Cuomo Signs Major NY Franchise Tax Overhaul Into Law|
McDonald Hopkins LLC;
May 21, 2014, previously published on May 8, 2014On March 31, 2014, New York Governor, Andrew Cuomo, signed the New York Budget Bill, 8559-D and S. 6359-D, into law. The budget included many major changes to New York franchise taxes, including a repeal of the Banking Franchise Tax, subjecting financial institutions to the Corporate Franchise Tax,...
|Are Franchise Agreements Negotiable?|
Susan E. Wells; Jaburg & Wilk, P.C.;
May 15, 2014Every franchisor has a form of franchise agreement that defines the rights and obligations of the franchisor and the franchisee. Or should I say, defines the rights of the franchisor and the obligations of the franchisee? The franchise agreement is an exhibit to the Franchise Disclosure Document...