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Documents on Franchises, Travel, Leisure & Hospitality
 

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HTMLRestaurant and Retail Franchisors: Could This Be You in 2014?
David L. Cahn; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
January 15, 2014, previously published on January 14, 2014
The case of Wojcik v. Interarch, Inc., currently pending in the U.S. District Court for the Northern District of Illinois against the fast casual restaurant franchisor Saladworks, LLC, contains a factual scenario that should serve as a valuable reminder for existing franchisors who are updating...

 

HTMLFranchising: The Route to International Expansion in the Leisure Sector
Dentons Canada LLP;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
Franchising 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...

 

HTMLOntario Court Rules there is No “Material Change” Where the Franchisee Had Knowledge of Changes
Stefanie Baldassarra; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 17, 2013, previously published on October 2013
In 1201059 Ontario Inc. and Pizza Pizza Limited, the Ontario Superior Court of Justice addressed the disclosure obligations of a franchisor in the context of the renewal of a franchise agreement when the franchisee is required to incur substantial renovation costs to its business premises. In this...

 

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...

 

HTMLAttention Restaurant Operators: The Perishable Agricultural Commodities Act May Apply To You
Scott N. Opincar; McDonald Hopkins LLC;
Legal Alert/Article
August 15, 2013, previously published on August 14, 2013
Both sellers and buyers of perishable agricultural commodities need to be careful to comply with PACA’s rules and regulations. Directors and officers of buyers of perishable agricultural commodities subject to PACA must be aware of their fiduciary duties in order to avoid potential individual...

 

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...

 

HTMLProposed Legislation to Expand Growler Sales in North Carolina
M. Keith Kapp, Jennifer A. Morgan; Williams Mullen;
Legal Alert/Article
May 15, 2013, previously published on May 13, 2013
Retailers 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.

 

HTMLOntario Court of Appeal Upholds Lower Court Decision on Franchisee Right of First Refusal
Stefanie Holland; Cassels Brock & Blackwell LLP;
Legal Alert/Article
April 5, 2013, previously published on April 4, 2013
In 3574423 Canada Inc. v. Baton Rouge Restaurants Inc., the Ontario Court of Appeal recently upheld the judgment of Justice David M. Brown of the Superior Court of Justice dismissing the action of a franchisee who was seeking damages for the alleged failure of a franchisor to properly and fully...

 

HTMLOntario Court of Appeal Considers Scope of Franchisor’s Duty to Disclose Outside Mandatory Disclosure Context
McCarthy Tetrault LLP;
Legal Alert/Article
February 8, 2013, previously published on February 4, 2013
In an important new decision for franchisors, 3574423 Canada Inc. v. Baton Rouge Restaurants Inc. (Baton Rouge), the Ontario Court of Appeal (ONCA) recently considered the scope of informational disclosure a franchisor is required to provide to one of its franchisees outside the context of...

 

HTMLObtaining a Release When a Franchise Has Gone Sour
Jane A. Langford, Tyler McAuley, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
May 14, 2012, previously published on May 10, 2012
In March, the Ontario Superior Court of Justice released its decision on a motion for summary judgment in Dodd v. Prime Restaurants of Canada (Prime). The decision offers further insight into how the courts will apply the new summary judgment rules in the franchise context and raises some...

 


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