RECENT POSTS
Hilton Franchisee Gets Iced: The Impact of Controversy on the Franchise Relationship
A productive franchise relationship encompasses various elements that both the franchisor and franchisee must consider and balance. This intricate connection of contractual obligations, financial commitments, and operational responsibilities, becomes more complex when a controversy places
Franchise 101: No Room for Contempt; and Judicial Insulation for Arbitration
Franchisor 101: No Room for Contempt A federal district court in New Jersey granted summary judgment in favor of Choice Hotels International (“Choice”) in a trademark infringement action against a former franchisee who operated a
Multi-Unit Franchising: Navigating the Risk and Reward
While the saying “the more the merrier” is not usually associated with franchising, the rise of purchases of multi-unit franchises in the United States makes it more relevant than ever. What is a multi-unit franchise?
Franchise 101: Total Vacancy; and Double Parked
Franchisor 101: Total Vacancy The federal district court in New Jersey denied franchisor Days Inn Worldwide, LLC’s motion for summary judgment for breach of contract, where the terms of the franchise agreement did not make
Franchise 101: Waltzing Around Joint Employer Issues; and Going on Vacatur
Franchisor 101: Waltzing Around Joint Employer Issues A district court in Maryland granted a franchisor’s motion to dismiss against an employee in a discrimination and wrongful termination case. The court concluded the employee failed to
Uniting Behind the American Franchise Act: A Bipartisan Effort to Clarify the Joint Employer Standard
Over the last 10 years, the United States franchise industry has faced see-sawing uncertainty around the joint employer standard. Courts and federal agencies applied either a narrow “direct and immediate control” standard that favored the
Franchise 101: A Path to Lost Future Royalties; and All Bark and No Bite
Franchisor 101: A Path to Lost Future Royalties A California federal court denied a franchisee’s motion to dismiss a franchisor’s counterclaims related to the loss of future royalties after terminating two separate franchise agreements in
Franchise 101: Hey, That’s My ADR Provision; Suggestive Termination
Franchisor 101: Hey, That’s My ADR Provision A California federal court stayed proceedings in favor of the franchisor and ordered the parties to undertake the dispute resolution procedures in the franchise agreement, holding that the
Franchise 101: A Franchise Nondisclosure Document; and Franchisee’s Milkshake Brings All Claims to the Yard
Franchisor 101: A Franchise Nondisclosure Document A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer. The franchisee alleged Medical Search Consultants LLC’s Franchise
Franchise 101: Duty of Care; and Dog Days of Operations
Franchisor 101: Duty of Care The Texas Supreme Court reversed a lower court’s decision against a franchisor based on a theory of negligence after a customer was assaulted by an employee of the franchisee. The