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Zarco Law Blog
What does the McDonald’s ruling mean for the franchise industry?
Franchisees are the unsung small business owners of America. The franchisor may set standards for brand preservation and policy, but the franchisor’s role in day-to-day operations is arguably small. The unclear nature of the relationship between the franchisor and...
Submission to South Florida Business Journal for the 2019 Coolest Offices Contest
The DESIGN, FINISHES and CLIENT BASE are the WOW Factor ! Zarco Einhorn Salkowski & Brito, PA is established as the leading law firm in the franchise industry, representing Franchisees from celebrated brands like Holiday Inn, McDonald’s, Burger King, Coco-Cola,...
ZESB Exemplifies Commitment to Client Success in 7 Year Dispute Between Subfranchisor and Franchisor
In 2008, Anago Franchising, Inc. sought to terminate its franchise relationship with its Subfranchisor Shaz, LLC. Although Shaz disputed the termination, Shaz immediately ceased using all of Anago’s trademarks, ended its affiliation with the Anago brand. After Shaz’s...
Recent NLRB Reversal Leaves Franchisor Liability as a Joint-Employer Up in the Air
In August, 2015, the National Labor Relations Board (“NLRB”) rendered its Browning-Ferris Industries decision, changing its longstanding precedent for determining whether two or more separate employers can be considered “joint employers” for the purpose of liability...
How to Get Out of a Bad Franchise Relationship
For many of those that dream of starting their own business, investing in a franchise opportunity can make that dream seem like a reality. Although it may appear less risky than starting a business from the ground up, many times the franchise business is not...
Robert Zarco Wins California Jury Verdict Finding that El Pollo Loco, Inc. Breached the Implied Covenant of Good Faith and Fair Dealing by Encroaching on Franchisee’s Non-Exclusive Territory and for Failing to Offer Encroaching Restaurants to Existing Franchisee
Scheck v. Burger King, the seminal case on good faith and fair dealing, lives on according to a 12-member California jury after a contentious month-long trial pitting grilled chicken giant El Pollo Loco, Inc. against one of its top performing franchisees, Michael and...
Franchisors Should Not Continue Business Relationships with Holdover Franchisees
Franchisors and franchisees enter into what is known as a holdover period when a franchise agreement has expired, but the franchisee continues daily operations. A holdover period may be unlawful when a franchisee has continued to use the franchisor’s trademark without...
Proposed Florida Franchise Legislation Aims to Protect Franchisees
Franchised small businesses within the State of Florida are not adequately protected under Florida law. Yet, inexplicably, current laws provide security for business owners that operate large automobile dealerships, agricultural equipment dealerships as well as beer...
The Role of Restrictive Covenants in Franchising
Franchise agreements typically include in-term non-compete covenants, which restrict competition during the term of the franchise agreement, and often include a post-term covenant that restricts competition following the termination or expiration of the agreement....
