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Documents on Franchises
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|California Launches Campaign to Collect Taxes from Out-Of-State Entities|
Loeb Loeb LLP;
May 20, 2013, previously published on May 2013A common misperception is that an entity formed in a state other than California is not subject to tax by California, which is fueled by a considerable amount of advertising encouraging Californians to save taxes by incorporating out of state. In reality, where an entity is formed has no impact on...
|Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements|
Peter C. Gourdine, Paul J. Halasz; Day Pitney LLP;
May 16, 2013, previously published on May 14, 2013Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements. Whether a manufacturer can enforce such a provision requires an analysis of competing state and federal statutes and a determination of whether the vehicles sold fall within the statutory...
|Proposed Legislation to Expand Growler Sales in North Carolina|
M. Keith Kapp, Jennifer A. Morgan; Williams Mullen;
May 15, 2013, previously published on May 13, 2013Retailers in North Carolina, including grocery stores, bars, restaurants, and specialty beer and wine shops, may soon be allowed to fill and sell growlers to customers for off-premises consumption if new legislation currently being considered by the North Carolina General Assembly goes into effect.
|Attention Franchisors and Multi-Unit Franchisees|
McDonald Hopkins LLC;
May 15, 2013, previously published on May 8, 2013Since the Affordable Care Act (ACA) was signed into law in March 2010, small business owners, particularly franchisors and multi-unit franchisees, have been wary of the effects of its implementation on their businesses. One major concern has been the economic effect of the so-called “Employer...
|Ontario Court of Appeal Provides Guidance on the Definition of "Franchisor’s Associate"|
McCarthy Tetrault LLP;
May 13, 2013, previously published on May 6, 2013A recent decision of the Court of Appeal for Ontario (ONCA) helps define the concept of "control," as it relates to the definition of a "franchisor’s associate" in the Ontario Arthur Wishart Act (Franchise Disclosure), 2000 (Act).
|U.S. to Cut Automotive Tariffs as Japan Enters TPP Talks|
Christopher M. Swift; Foley & Lardner LLP;
May 7, 2013, previously published on May 6, 2013On April 24, 2013, Acting U.S. Trade Representative (“USTR”) Demetrios Marantis formally notified Congress that the United States plans to include Japan in Trans-Pacific Partnership (“TTP”) negotiations. Coming just three days after the TTP parties accepted Japan’s...
|Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice|
James T. McKeown; Foley & Lardner LLP;
May 2, 2013, previously published on April 29, 2013An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly noncontroversial contract term included by purchasers in an attempt to...
|Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary|
Jason P. Britt; Foley & Lardner LLP;
April 29, 2013, previously published on April 25, 2013On Monday, April 22, the United States Supreme Court agreed to hear DaimlerChrysler AG v. Bauman, which asks whether a foreign parent corporation can be subject to suit in the United States for wrongs allegedly committed by a foreign subsidiary, based on the foreign parent’s relationship with...
|Will British Columbia Enact Franchise Legislation? Make Your Voice Heard Now!|
Rebecca Hamovitch, Frank Robinson, Derek Ronde, Geoffrey B. Shaw, Larry M. Weinberg; Cassels Brock & Blackwell LLP;
April 26, 2013, previously published on April 23, 2013The British Columbia Law Institute (“BCLI”) has issued a Consultation Paper on a Franchise Act for British Columbia (the “Consultation Paper”) for the purpose of making a recommendation to the Government of the Province of British Columbia to enact franchise legislation in...
|It’s That Time of Year: Does Your Canadian Franchise Disclosure Document Need Updating?|
Rebecca Hamovitch, Frank Robinson, Larry M. Weinberg; Cassels Brock & Blackwell LLP;
April 5, 2013, previously published on April 4, 2013Franchisors should regularly consider whether their Canadian franchise disclosure document (“FDD”), or other franchise related documents, require updating. This is particularly true following a year that marked the further expansion of franchise disclosure legislation in Canada, with...