RECENT POSTS
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
Service Franchisors: New Rules in California for Automatic Renewals July 1st
From streaming services and gym memberships to software vendor agreements and e-commerce franchises, automatic contract renewals are common occurrences. Currently, California law protects consumers regarding automatic renewal and continuous service offerings. New rules enhance those
Franchise 101: Farsighted Vision for System Changes; and Handle Profit Projections With Care
Franchisor 101: Mowing and Blowing Past Mediation An Ohio federal court granted a franchisor’s motion to dismiss a putative class of franchisees alleging antitrust violations and related claims, including interference to deflate franchisees’ reimbursement rates.
Franchise 101: Mowing and Blowing Past Mediation; and When the Competition Leaks
Franchisor 101: Mowing and Blowing Past Mediation A California federal court denied a franchisor’s motion to dismiss a franchisee’s complaint claiming the franchisee failed to first mediate the dispute before filing an action as required
Franchise 101: Too Much Control can be Painful; and Salon Franchisee Snipped, Confirmed, and Enjoined
Franchisor 101: Too Much Control can be Painful An employee of a Domino’s Pizza franchisee, returning from a pizza delivery, collided with a motorcyclist who suffered serious injuries. After a Pennsylvania jury found Domino’s (as
Franchise 101: The Forwarded Franchisee; and Outside Chance of a Franchise
Franchisor 101: The Forwarded Franchisee A district court in Arizona granted a franchisor’s motion to transfer venue to Missouri pursuant to the terms of the franchise agreement. S&G Elite LLC (“S&G”) and ST National Franchising,