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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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
- 4,062 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
- 5,788 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
- 3,309 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
- 4,111 Reads
Emerging franchisors generally come to the table with an entrepreneurial burn that can light up a room.
- Michael H. Seid
- 1,579 Reads 1,023 Shares
Franchisors traditionally include liquidated damages provisions in their franchise agreement.
- Anthony Calamunci
- 3,351 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
- 10,760 Reads 6 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
- 2,255 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
- 1,998 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
- 1,495 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
- 2,147 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
- 4,371 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
- 4,127 Reads 375 Shares
In January 2012, ICANN began accepting applications for new top-level domain names.
- Kerry Pipes
- 4,865 Reads 77 Shares
Many entrepreneurs and business owners embrace the idea of franchising their business and leap into the franchise model with great hopes and expectations.
- Beata Krakus
- 14,637 Reads 3 Shares
Recognizing the challenges of today's retail markets, most franchisors are creating strategic solutions for their franchise systems.
- Anthony J. Calamunci
- 1,775 Reads 6 Shares
A State of Washington Appellate Court ruling (Marte v. Hernandez, May 16, 2011) demonstrates that deception can cause even blood relationships to disintegrate.
- Richard S. Mulligan
- 10,399 Reads 677 Shares
The most obvious area in franchising where the lines between consultants and lawyers frequently blur is within the professional services provided to emerging franchisors.
- Michael Seid And Kay Marie Ainsley
- 1,918 Reads 11 Shares
Recently, Groupon and LivingSocial, two leaders in daily deal website offerings, have been hit with multiple lawsuits.
- Maureen E. Mulvihill
- 43,546 Reads 29 Shares
Data breaches are common: more than 300 major breaches involving more than 100 million consumer records are reported each year.
- David Zetoony & Louise Nutt
- 4,859 Reads 1 Shares
Consumer survey results indicate that 97 percent of consumers investigate products and services over the Internet before buying.
- Kerry Pipes
- 3,950 Reads 57 Shares
Gone are the days when site selection in the QSR space meant securing a location nearest to McDonald's.
- Anthony Calamunci
- 2,192 Reads 25 Shares
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.
- Suzie Trigg and Emma Ricaurte Harker
- 2,522 Reads 81 Shares
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.
- Fredric A. Cohen
- 6,843 Reads
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.
- Glenn Plattner and Shelly Gopaul
- 5,336 Reads
Online marketing, social media, and social commerce have created an environment that places an increased burden on franchise marketing departments.
- Keith Klein
- 10,518 Reads 1 Shares
The current "credit crisis" should not have to be a major obstacle for franchisors and franchisees seeking to expand their businesses. To reach an effective solution, it is necessary to examine the relationship paradigm between the lender, franchisor, and franchisee with a goal toward creating greater awareness and understanding of the objectives of all involved.
- Joyce Mazero And Emma Ricaurte Harker
- 6,140 Reads 130 Shares
One of the most difficult things to impress upon start-up franchisors is the amount of time, resources, and manpower it takes to establish a uniform system and, equally important, to monitor compliance with that system.
- Richard S. Mulligan
- 13,003 Reads 2,394 Shares
Franchise systems must stay dynamic, not static. Reduced recessionary spending demands introduction of new product assortments and pricing programs. Decreases in franchisees' financial performance mandates a product line adjustment. Whether driven by external or internal forces, every franchise system must be prepared to adapt to remain relevant, viable, and competitive.
- Amy Cheng
- 6,653 Reads 1,023 Shares
Many retailers are interested in building up new business by offering a deeply discounted "Groupon-like" gift certificate program. These programs market to local residents that, for example, for $25 they can get $50 worth of food at Fred's Pub. To be effective, the discounted certificate almost always has a short expiration date, a few weeks or months.
- Judith Rinearson
- 1,738 Reads
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