RECENT POSTS
Franchise 101: The Proof Is in the Writing; and Party Pauper
Franchisor 101: The Proof Is in the Writing Ten years after the franchisor of the EXIT real estate system entered into a franchise agreement for a franchisee to operate an EXIT franchise in Maitland, Florida,
California Employment Law: Pros & Cons of Arbitration
Arbitration is a highly controversial topic in California. Just last year 20,000 Google employees walked off the job in protest of Google’s policy to arbitrate workplace misconduct claims. A few weeks ago more than 200
Franchise 101: Enjoined in Margaritaville; and Personal Jurisdiction over Non-Resident Principal in Massachusetts
June 2019 Franchisor 101: Enjoined in Margaritaville Eskimo Hut, a franchisor of convenience stores that sell frozen daiquiris-to-go, convinced a Texas appellate court that it would probably win on claims that South Plains, a franchisee
SCOTUS Invalidates Scandalous Restrictions on Trademarks
In a long-awaited decision, the U.S. Supreme Court invalidated a restriction on registering trademarks deemed “scandalous” or “immoral”. In the Brunetti case, the U.S. Supreme Court was asked whether the provision of the Trademark Act
Employment Defense: Closing the Pay Gap One Government Regulation at a Time
The discourse around equal pay has reverberated through the media and made its way to a new federal regulation that seeks to identify and address instances in which persons of different sex, race, and ethnicity
Employment Defense: Workforce Classification
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the
Franchise 101: Franchisor Can Be “Employer” and Surviving Rejection
May 2019 Franchisor 101: Franchisor Can Be “Employer” The Ninth Circuit sent shockwaves through the franchise industry in ruling that last year’s California Supreme Court decision broadening who may bring wage misclassification claims (Dynamex v.
Franchise 101: Lessons in License Agreements; and Operation Philadelphia
April 2019 Franchisor 101: Lesson in License Agreements The U.S. Sixth Circuit Court of Appeals upheld summary judgment for franchisor Buffalo Wild Wings (“BWW”) rejecting a restaurant operator’s counterclaims for wrongful termination, malicious prosecution, and
Franchise 101: Termination Is Not Enforcement; and Precluding Competition
March 2019 Franchisor 101: Termination Is Not Enforcement A federal district court upheld an arbitration panel’s decision to deny attorneys’ fees to Benihana, even though Benihana won a dispute with its licensee. The licensee started
Full Disclosure: Periodic Review of FTC Franchise Rule
The Federal Trade Commission (FTC) seeks public comment regarding its Trade Regulation Rule entitled, “Disclosure Requirements and Prohibitions Concerning Franchising” (the “Rule”). The Rule has been in effect since 1979, and was last amended in