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Posted on Blog August 6, 2015

Contracts such as purchase contracts, mortgages and franchise agreements include a notice provision that require a non-breaching party to provide notice of default that adequate describes the breach and provide the breaching party with an adequate opportunity to cure the breach. While compliance with this presuit notice requirements may seem like an easy straightforward process, Read more →

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Posted on Blog July 29, 2015

Those who are familiar with franchising are well aware of the registration states that require franchisors to register their franchise offering before they may offer or sell a franchise in that state.  Many franchisors and franchisees, however, are not as familiar with (or unaware of) those states that require exemption or registration filings under state Read more →

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Posted on Blog July 22, 2015

Manager. The title often comes with more responsibility and more working hours. However, managers do not receive the same overtime compensation as their hourly subordinates. Section 13(a)(1) of the Fair Labor Standards Act contains the well-known and often used exemption to the requirement to pay employees overtime for hours they work in excess of 40 Read more →

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Posted on Blog, Uncategorized June 15, 2015

For many years, franchisors have repeatedly stated, and courts have generally agreed, that franchisees are independent contractors and not agents of the franchisor and thus franchisees’ employees cannot be classified as employees of the franchisor. As a result, any liability arising from unlawful conduct directed at a franchisee’s employee was to be borne solely by Read more →

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Posted on Blog June 8, 2015

This is a question that often finds its way in franchise litigation where the litigants’ agreement does not explicitly spell out the parties’ relationship as a franchise relationship. To decide this issue, Courts often resort to the state laws which govern the parties’ agreement. Several state franchise statutes (including Wisconsin, Minnesota, California, and Hawaii) define Read more →

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