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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...
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...
You’re a commercial real estate developer, and you take your job seriously. You always make sure you get the right approvals and have the finances to back your developments. That’s why the fact that your employee has argued that you’re not paying them enough is...
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...
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...
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...
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 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...
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...
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....
