Clik here to view.
Can a bankruptcy render a franchisee’s non-compete void?
The answer is ‘yes’ in at least one case. The case is Allegra Network, LLC v. In re Michael G. Ruth. Michael G. Ruth and Elnoria J. Ruth, collectively the “Ruths” entered into a franchise agreement...
View ArticleClik here to view.
HIPAA Alert: Is Your Franchise System Covered?
There are franchises in countless industries: food service, home repair, business services, entertainment and recreation, personal care services, and health care. Yes, health care franchises. Health...
View ArticleClik here to view.
Possible New Limits for Franchisors in Florida
The Florida senate is putting forth a bill to limit franchisor ability to renew, terminate, or refuse franchisee transfer. The bill written by Senator Latvala purposes, per the bill, to create laws,...
View ArticleThe New and Expanded Franchise State Cover Page
On May 19, 2019, the NASAA [North American Securities Administrators Association] Membership issued instructions for the new Franchise Disclosure Document [FDD] state cover page. The state cover...
View ArticleClik here to view.
You May Need More Capital To Offer and Sells Franchises in California
There are no hard and fast rules about how much capital or money a franchisor is required to have in the bank. If a franchisor has limited amounts of funds in the bank, a state may require the...
View ArticleTipped Employees are Not Cheap General Labor
I am writing case updates for the upcoming American Bar Association (ABA) Fair Labor Standard Act (FLSA) Midwinter Report. The annual FLSA Midwinter Report will be presented at the February 2020...
View ArticleClik here to view.
Liquidated Damages for Breach of Franchise Agreement?
Liquidated damages (also referred to as liquidated and ascertained damages) are damages whose amount the parties designate during the formation of a contract for the injured party to collect as...
View ArticleClik here to view.
Franchisor Auditors and Inspections
Do you complete inspections and audits of your franchise locations? Are the inspections done as a matter of routine practice? Do you only complete audits and inspections if a problem is reported? If...
View ArticleClik here to view.
Are Franchise Application ADR Provisions Enforceable?
ADR is an abbreviation for alternative dispute resolution. Arbitrate and mediate are types of alternative dispute resolution. Following the general rule, the court in the case of Doctor’s Associates,...
View ArticleClik here to view.
What Price Can Franchisors Charge Franchisees for Products or Services?
The state of Washington has a franchise relationship law that requires franchisors to only charge franchisee fair and reasonable price for products and services that it sell to franchisees. State...
View Article
