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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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Despite all its advantages, technology has made it harder to capture consumers' attention and easier for them to bypass advertising messages.
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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?
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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.
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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.
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Resiliency and optimism permeated the air at this year's Multi-Unit Franchising Conference, held at Caesars Palace in Las Vegas March 27-29.
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A franchise is not an ordinary business asset. You don't really "own" a franchise outright as you do a traditional business.
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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.
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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).
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Emerging franchisors generally come to the table with an entrepreneurial burn that can light up a room.
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Franchisors traditionally include liquidated damages provisions in their franchise agreement.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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In January 2012, ICANN began accepting applications for new top-level domain names.
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Many entrepreneurs and business owners embrace the idea of franchising their business and leap into the franchise model with great hopes and expectations.
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Recognizing the challenges of today's retail markets, most franchisors are creating strategic solutions for their franchise systems.
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A State of Washington Appellate Court ruling (Marte v. Hernandez, May 16, 2011) demonstrates that deception can cause even blood relationships to disintegrate.
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The most obvious area in franchising where the lines between consultants and lawyers frequently blur is within the professional services provided to emerging franchisors.
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Recently, Groupon and LivingSocial, two leaders in daily deal website offerings, have been hit with multiple lawsuits.
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Data breaches are common: more than 300 major breaches involving more than 100 million consumer records are reported each year.
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Consumer survey results indicate that 97 percent of consumers investigate products and services over the Internet before buying.
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Gone are the days when site selection in the QSR space meant securing a location nearest to McDonald's.
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Contracts with the suppliers that provide the "secret sauce," hats with logos, on-time delivery, and other key ingredients of a franchise system sometimes take the back burner compared with those agreements that drive system expansion, such as the negotiation and execution of franchise and development agreements.
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Through endless repetition soldiers commit to muscle memory every detail of each maneuver so they can perform without thinking in the mind-numbing chaos of battle.
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A lawyer or doctor who acts negligently can be sued for malpractice. Many franchisees rely on the franchisor's purported expertise in running their business.
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Online marketing, social media, and social commerce have created an environment that places an increased burden on franchise marketing departments.
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