On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Mar 18, 2020 | Franchise Law
A pizza franchisee has lost their chain franchise at the worst time, amid the coronavirus crisis. Now is a good moment to revisit the contracts affecting your business relationships. Those relationships are bound to be stressed in multiple ways, and your contracts may...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Mar 5, 2020 | Franchise Law
Sometimes the world seems already full of franchises. Early last year, a major brand of 24-hour fitness clubs announced the opening of a franchise in Antarctica. But business history is full of turning points when it dawned on an entrepreneur that they could charge...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Feb 27, 2020 | Franchise Law
The short answer is no, a company legally cannot (and should not) say you will make a certain amount of money if you open a franchise under their brand. But here is a more useful, if longer, answer. Some companies are more open than others when it comes to information...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Feb 20, 2020 | Franchise Law
When you have found a company whose brand really speaks to you or whose products or services overlap with what you hope to do with your own business, entering into a franchise agreement with that company can be beneficial for both parties. You get to benefit from a...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Feb 17, 2020 | Franchise Law
How can you possibly be a franchise or create one without intentionally doing so? It can happen easier than you realize. Franchise laws are so complicated and far-reaching that you can end up creating one even if your agreement with the other party specifically says...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Dec 22, 2019 | Franchise Law
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...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Mar 3, 2019 | Franchise Law
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...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Sep 19, 2018 | Franchise Law
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...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Sep 19, 2018 | Franchise Law
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...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Feb 14, 2017 | Franchise Law
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...
