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Legal

Looking for answers to pressing legal questions about franchising? What’s keeping you up at night? Federal, state, and local laws affecting everything from minimum wage to employee scheduling are critical to managing your business successfully. Find what you need to know about today’s legal issues from top franchise attorneys.

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NLRB and joint employer worries got you down? Here are some concrete suggestions on how to avoid getting caught in this evolving morass.
  • Barry M. Heller
  • 3,588 Reads
The usual reason for forming an independent franchisee association is to address problems with the franchisor or other conflicts within the system.
  • Eddy Goldberg
  • 10,250 Reads 1 Shares
Smaller U.S. franchise brands can grow successfully overseas, too - if they do their homework and respect the differences in foreign laws and regulations.
  • Michael Daigle and Samuel Wieczorek, Cheng Cohen
  • 4,850 Reads 1,014 Shares
California amended its franchise relationship law in October, giving more rights to franchisees. How might these changes affect your brand, and will they spread nationwide?
  • Cheng Cohen
  • 6,688 Reads 1 Shares
Litigation resulting from mandatory system changes can be eliminated (or at least reduced significantly!) by following these four tips.
  • Cheng Cohen
  • 5,974 Reads 1,014 Shares
New bill would impact franchisees by weakening equity in their businesses, damaging brands, reducing product quality, and limiting franchisor assistance.
  • Multi-Unit Franchisee
  • 9,483 Reads 24 Shares
IFA says new California bill would create untested new statutory language leading to costly litigation and hindering future franchise development.
  • Multi-Unit Franchisee
  • 6,199 Reads 1,014 Shares
On many levels, 2014 was a tumultuous year for the franchise business model.
  • Darrell Johnson
  • 8,241 Reads 1,014 Shares
A new set of regulatory guidelines for franchisors provides clarity on how to present franchise opportunities to prospective buyers.
  • Tom Pitegoff
  • 7,066 Reads
On July 29, 2014, the General Counsel of the National Labor Relations Board (NLRB) announced in a very brief statement that he was authorizing the issuance of formal unfair labor practice complaints against McDonald's...
  • Marlén Cortez Morris
  • 10,942 Reads 381 Shares
The Affordable Care Act has introduced widespread changes to the healthcare landscape. It has increased the availability, quality, and affordability of health insurance for the general population, regardless of age, gender, or pre-existing medical conditions.
  • Benjamin Geyerhahn
  • 12,033 Reads 1 Shares
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We live in a world where law firms commonly have billable hourly quotas that their attorneys must meet, and substantial hourly rates as well.
  • Carl Khalil and Sada Sheldon
  • 5,682 Reads
Begin by asking the candidate what they thought of the FDD, and whether the information it contains was helpful. Review the material, answering the candidate's specific questions.
  • Steve Olson
  • 2,055 Reads 20 Shares
Despite all its advantages, technology has made it harder to capture consumers' attention and easier for them to bypass advertising messages.
  • Michael Daigle and Gina Malandrino
  • 3,399 Reads 1,023 Shares
While many U.S. franchisors are now expanding into other countries, seeking new growth and less competition, international franchisors are finding the world's largest economy a target too good to pass up. But are the streets of the USA still paved with gold?
  • Bill Edwards
  • 4,910 Reads 8 Shares
Hopefully, you are adopting a standardized real estate process that encompasses a clearly defined all-in-one strategy for site selection, lease negotiation, and legal review.
  • Scott Simcik
  • 2,329 Reads 43 Shares
Hopefully, you are adopting a standardized real estate process that encompasses a clearly defined all-in-one strategy for site selection, lease negotiation, and legal review.
  • Scott Simcik
  • 2,580 Reads 65 Shares
Resiliency and optimism permeated the air at this year's Multi-Unit Franchising Conference, held at Caesars Palace in Las Vegas March 27-29.
  • Kerry Pipes and Eddy Goldberg
  • 3,195 Reads 1,014 Shares
A franchise is not an ordinary business asset. You don't really "own" a franchise outright as you do a traditional business.
  • Gerald Marks
  • 5,135 Reads 246 Shares
We're going to say something here that at first blush may seem to be complete heresy to advocates of business format franchising: the process of selecting a franchise often can fail.
  • Michael H. Seid & Michael E. Sheehan
  • 2,832 Reads
Litigation is America's fastest growing business because plaintiffs have everything to gain and nothing but a few hours to lose, says Hillel Presser, author of Financial Self-Defense (Revised Edition).
  • Multi-Unit Franchisee
  • 3,491 Reads
Batteries Plus
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Emerging franchisors generally come to the table with an entrepreneurial burn that can light up a room.
  • Michael H. Seid
  • 1,106 Reads 1,023 Shares
Franchisors traditionally include liquidated damages provisions in their franchise agreement.
  • Anthony Calamunci
  • 2,463 Reads 201 Shares
Until recently, a franchisee was considered an independent business operator doing business in the style, under the trademark, and in the name of the franchisor. However, district court filings by franchisees in Massachusetts, Minnesota, Pennsylvania, and California are pushing the boundaries on the franchisor/franchisee relationship.
  • Jim Mulcahy
  • 7,563 Reads 5 Shares
Franchise agreements typically give the franchisee an option to renew, but renewal is often conditioned on the franchisee's execution of the franchisor's "then-current" form of franchise agreement.
  • Scott C. Walton
  • 1,595 Reads 130 Shares
In what can only be described charitably as a misguided undertaking, an assemblyman in California has decided that one of the few bright economic stars still shining in California--its large, strong, and relatively problem-free franchising economy--needs to be restrained.
  • Michael Seid
  • 1,288 Reads 8 Shares
Many companies dramatically accelerate their growth and success using public relations. PR has emerged as an effective tool to reach the ultimate consumer and franchise prospects in a myriad of industries.
  • Lane Fisher
  • 1,055 Reads 12 Shares
Recently, janitorial supply companies have been the subject of litigation in which the franchisees claimed that instead of being independent contractors, they were in fact employees of the franchisor.
  • Richard S. Mulligan
  • 1,482 Reads 117 Shares
At last fall's Franchise Leadership & Development Conference in Atlanta, nearly 150 franchisees responded to a survey conducted by MulcahyLLP about their interface with outside counsel and legal issues.
  • Jim Mulcahy
  • 3,919 Reads 30 Shares
When buying or selling a franchise, the last thing either party wants to think about is what happens if the relationship goes south. Litigation is expensive and distracting, and can drag on for years.
  • Amy Haywood
  • 2,915 Reads 375 Shares
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