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...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Feb 14, 2017 | Franchise Law
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...
On behalf of Zarco Einhorn Salkowski & Brito, P.A. | Jan 5, 2017 | Blog, Franchise Law, 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....
