RECENT POSTS
Franchise 101: Greener Grass in a Foreign Forum; and The Ties That Won’t Bind
Franchisor 101: Greener Grass in a Foreign Forum A federal court in Maryland denied Marriott International, Inc.’s motion to dismiss plaintiffs’ action based on forum non conveniens. Plaintiffs sued Marriott and the JW Marriott hotel
Franchise 101: A Tasty Appeal; and A Window into Dispute Resolution
Franchisor 101: A Tasty Appeal The Eleventh Circuit Court of Appeals reversed a district court’s summary judgement order, granting a chocolate shop franchisor’s breach of contract and unfair competition claims. The appellate court concluded there
Franchise 101: Poked in the Eye; and Transaction Totaled
Franchisor 101: Poked in the Eye A poke restaurant franchisee in Ohio sued the franchisor for violation of the California Franchise Investment Law (CFIL) and other claims. The franchisor defendants moved to dismiss the claims.
Franchise 101: No Repairing Delayed Filing; and Forum Selection Clause is Just what the Doctor Ordered
Franchisor 101: No Repairing Delayed Filing A New Jersey federal court denied a franchisor’s motion for preliminary injunction against a franchisee due to franchisor’s 11 month delay in bringing the motion. Franchisee entered into two
Franchise 101: Transfer DQ’d; and Caught Between a Rock and a Renewal
Franchisor 101: Transfer DQ’d A federal court in Wisconsin ruled that Dairy Queen did not breach a 1952 franchise agreement with a franchisee by requiring a prospective buyer of the franchise to sign an updated
Franchise 101: All the King’s Poachers; and Subject Matter Mania
Franchisor 101: All the King’s Poachers A federal appellate court held that Burger King and its franchisees may violate Section 1 of the Sherman Act (antitrust) by engaging in concerted action when entering into “no-hire”
Fast Food Restaurants Could Disappear Fast
Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act (“FAST Recovery Act,” or the “Act”) became law in California on September 5, 2022. According to the California legislature and Governor Gavin Newsom, the
Franchise 101: Sparring Over Successor Liability; and Inhospitable Hotel Software
Franchisor 101: Sparring Over Successor Liability A New York federal court declined to dismiss certain breach of contract and misrepresentation claims by a franchisee against kick-boxing franchisor, ILKB, LLC, its key personnel and its successor,
Franchise 101: Trashing the Competition; and Meet the New Boss
Franchisor 101: Trashing the Competition A trash collection business brought claims against a franchisor and franchisee of Smash My Trash, a mobile waste compacting brand. The business, Republic Services of Kansas City, claimed the defendants
Pending Governmental Intrusions on Franchisors & Franchisees
Assembly Bill 257 and Senate Bill 1247 are now pending in the California legislature. Their passage could intrude on franchisors’ and franchisees’ abilities to conduct business in California. AB 257 On June 28, 2022, the