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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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Let's look at some recent trends. The stock market: trending downward. Franchise system sales: flat or downward in well over the majority of cases. Sales of new franchises: definitely on the downturn, almost dormant. How depressing!
  • Rupert M. Barkoff
  • 3,997 Reads 4 Shares
Let's play Jeopardy. The answer: "Document!" The question: "What is the most effective way to minimize risk in the franchise sales process?" To be honest, my answer is a form of shorthand, but it succinctly makes my point.
  • Rupert M. Barkoff
  • 6,389 Reads
We now have all of the requirements of the FTC's Amended Franchise Rule being implemented. All franchisors should be complying with the Amended Rule's disclosure requirements, and most franchisors who have sales activities in the registration states are now doing battle with the state examiners, as they test the procedures and borders of the revised disclosure requirements. That brings to mind two topics of discussion, one of which I will address below, and the other (a look at the overall system for regulating franchise sales disclosure) I will save for another column.
  • Rupert M. Barkoff
  • 6,175 Reads 20 Shares
As revenue for the state's revised franchise tax continues to add up, several bills have been introduced to the state legislature to change the tax and give business owners some breathing room.
  • Fort Worth Business Press
  • 2,812 Reads 2 Shares
Ontario is one of three provinces that have legislation to regulate franchises. The act that governs franchises in Ontario is the Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act"). Any franchise business located partly or wholly in Ontario must comply with the Act. Compliance is mandatory even if both the franchisor and franchisee reside outside of Ontario.
  • Ottawa Business Journal
  • 4,659 Reads 1 Shares
Local governments and video providers should find out by Nov. 3 if a Louisiana state court judge will accept language in the state's new franchising law that allows incumbent operators to opt out of current local contracts.
  • Multichannel News
  • 2,927 Reads 14 Shares
The current economic climate remains high in the minds of both state Senate candidates for District 14. Democrat Bob Williams and Republican Gary Howell are both vying for the seat that would represent Barbour, Mineral, Preston, Taylor and Tucker counties as well as part of Grant and Monongalia counties.
  • Cumberland Times-News
  • 2,934 Reads 1 Shares
It is a quiet Saturday morning. If you are the average American, the downturn in the economy has started you to think about how it will impact your career and the opportunities for your children as they enter the workforce. Articles about Enron and Tyco and Global Crossing and other corporate scandals abound and some of the most respected brand names internationally are talking about layoffs and bankruptcy.
  • By: Michael H. Seid, founder and managing director of MSA - Michael H. Seid & Associates
  • 26,316 Reads 11 Shares
There has been a growing trend in the world of franchising to tell candidates more about their earnings potential. Item 19 in the Franchise Disclosure Document (FDD) is the section that provides details on earnings, costs, and other factors likely to affect future financial performance after a candidate signs on to become a franchisee.
  • Eddy Goldberg and Kerry Pipes
  • 22,951 Reads 2 Shares
The Government of Afghanistan is currently reviewing a bill that would reform and modernize the country's contract law. Afghanistan is a civil code jurisdiction and, currently, contracts are governed by sections of the country's Civil Code (dating from 1976) and Commercial Code (dating from 1955). Both the 1976 Civil Code and the 1955 Commercial Code are based on the laws of Egypt, which in turn are based on French civil law. During the period following the Soviet invasion, and the subsequent civil war in Afghanistan, little attention was paid to updating or modernizing these Afghanistan statutes.
  • Herbert S. Wolfson
  • 10,928 Reads 3 Shares
Korea's first franchise law, the Fair Franchise Transactions Act (the "FFTA") was adopted May 2002, effective Nov. 2002. Its Presidential Enforcement Decree - setting forth detailed information to be provided in the franchise information disclosure statement and a description of concrete types of unfair transactions broadly prohibited under FFTA - was promulgated Nov. 2002 (last amended June 2003). In the Korean system, Enforcement Decrees provide detailed instructions for statutory compliance; therefore, it is to be expected that 2004's changes to applicable law will be found in future amendments to the Enforcement Decree.
  • Hyun-Sang Youn & Brendon Carr
  • 4,995 Reads 31 Shares
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For over a quarter of a century, I have been a critic of the United States' franchise sales regulation system.
  • Rupert Barkoff
  • 3,190 Reads 3 Shares
The past decade saw an acceptance by the Romanian market of the Western concepts of doing business, a new perception of the value of brands and the creation of an entirely new market - the one for franchisers. Seven years have passed since Romania enacted a franchise law. During this period, the market has evolved, and the pioneering period in franchising during which major companies entered the market only for market testing - first performing distribution operations (Coca Cola) or establishing a subsidiary (McDonald's) and only afterwards developing their franchise concepts - has come to an end. Indeed, 60 of the 107 franchises currently operating in Romania have been established during the last two years.
  • Roxana Negutu
  • 5,811 Reads 332 Shares
Earlier this year, a franchise magazine that shall remain nameless here focused upon the issue of "cleavage in the marketplace" - a subject no man in his right mind would ever touch. However, I found it interesting that this subject had garnered discussion in one of the leading publications on franchising, or for that matter, in any reputable publication.
  • Rupert M. Barkoff
  • 3,048 Reads 1 Shares
Financing is the lifeblood of expansion for franchisors and multiunit owners alike. Whether for advertising and marketing to sell additional franchises, or whether to remodel or build more company stores, without financing there is no growth and development. And, despite the rapid growth of new concepts and new units in the aftermath of the dot.com crash in 2000 and 2001, many forecasts of the economic climate and its effect on business growth in 2008 range from gloomy to dim--especially when it comes to credit and lending.
  • Eddy Goldberg
  • 3,312 Reads 1,014 Shares
To those readers who are interested in legal affairs in the franchising context and are not subscribers to the American Bar Association's Forum on Franchising's listserv, you are missing one of the greatest shows in town. Listservs, chat rooms, blogs, and whatever else, are means to dialogue on the Internet and can turn into today's electronic equivalent of a lynch mob, as demonstrated by two recent exchanges on the forum's listserv on the subject of arbitration.
  • Rupert M. Barkoff
  • 3,331 Reads 16 Shares
So Franchise UPDATE is now 20 years old! When Ripley Hotch asked me to reflect upon developments in franchise law over the last two decades, I was honored. After all, I was there - the whole time and much before! I have been fortunate enough during my career to have served as a member of, a contributor to, or observer for, many of the groups that have influenced the direction of franchise law, and I have read hundreds of precedents that have made franchise law what it is today.
  • Rupert M. Barkoff
  • 3,035 Reads 1,014 Shares
The franchise industry is having an increasingly large impact on the Canadian economy, with franchised businesses accounting for 40 percent of all retail sales. Provincial legislators are taking note of this growing industry and, in response, are introducing and passing legislation that addresses many of the perceived issues that arise between franchisors and franchisees. Most recently, the Province of New Brunswick passed franchise legislation (the “New Brunswick Act”), making it the fourth Canadian province to adopt such legislation, after Alberta, Ontario, and Prince Edward Island.
  • Jayne Westlake
  • 5,059 Reads 1 Shares
On January 31, 2007, the State Council of the People's Republic of China adopted the "Regulations on the Administration of Commercial Franchise," scheduled to take effect on May 1, 2007 ("2007 Franchise Regulations"). With promulgation of the 2007 Franchise Regulations, China entered the last phase of a long and difficult process that started in 1997 to create a legal structure for the franchise business model in China.
  • Richard Wageman
  • 12,910 Reads 629 Shares
An acquaintance (not a lawyer) who is working on a book on franchising, recently asked me to review her manuscript and make appropriate editorial suggestions. In her chapter on buying a franchise, she strongly recommends, as would I, that a prospective franchise purchaser hire a lawyer who is experienced in franchising to counsel him (or her) with respect to this investment.
  • Rupert M. Barkoff
  • 3,231 Reads 6 Shares
California has long been a key market for franchising. Its consumer-oriented culture has also made it one of the most active venues for regulatory and legal issues. Legal developments over the past year affecting the franchise community include 1)...
  • Mary Beth Trice and Dawn Newton
  • 7,356 Reads 157 Shares
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  • abanet.org
  • 3,247 Reads 1,014 Shares
  • abanet.org
  • 3,730 Reads 22 Shares
I. Rule Overview Basic Requirement: Franchisors must furnish potential franchisees with written disclosures providing important information about the franchisor, the franchised business and the franchise relationship, and give them at least ten...
  • FTC.gov
  • 7,775 Reads
Mr. Rogers, of children's television fame, would have felt right at home at the Franchise UPDATE's 8th Annual Leadership & Development Conference--The Playbook: Winning Strategies for Franchise Success. No one would have raised an eyebrow at the close of the conference if they'd heard his reassuring voice in the hotel lobby singing those familiar words: "It's such a good feeling..."
  • Kerry Pipes
  • 3,227 Reads 1 Shares
Many owners and operators have long realized that employees are one of the major assets in their multi-unit or multi-brand franchise business. Franchise operations usually have quite a bit invested in hiring and training its workers. A smart owner or operator knows that improving a business asset can reap rewards far exceeding the cost of any improvements made. Similarly, the value of people to your organization improves with investments in additional training and education.
  • Mark E. Battersby
  • 6,849 Reads 787 Shares
During the last few years, franchising has experienced an impressive growth in Spain, from 634 franchise systems in 2002 to almost 900 in January 2006, with over 54,000 franchised outlets now open. Accordingly, having access to accurate and relevant information regarding franchisors is very important for a growing number of prospective franchisees, consumers and future franchisors.
  • Laura Montoya Teran
  • 7,217 Reads 290 Shares
I have written often on the subject of the complexity of franchise agreements, and the clear trend over the past four decades to make them even longer and more complex. Why has this trend developed?
  • Rupert M. Barkoff
  • 4,180 Reads 24 Shares
Last year, while many Canadians and Americans alike were considering a summer vacation to experience all that Canada's Atlantic Coast has to offer, legislators in Prince Edward Island and New Brunswick, two of Canada's maritime provinces, were setting their minds to franchising.
  • Lawrence Weinberg and Jayne Westlake
  • 5,613 Reads 5 Shares
On January 25, 2006, an amendment ("Amendment") to the Mexican Industrial Property Law ("IPL") was published in the Federal Official Gazette. The Amendment was published after a long discussion initiated by Congress in early 2005, and became effective on January 26, 2006. The Amendment's final provisions were the result of a very effective lobbying campaign by major players in the franchising sector and, fortunately for the industry, Congress eliminated many of the overly restrictive aspects of the initial bill that could have unnecessarily hampered the industry. In the end, Congress' objective of providing more protection to franchisees was well balanced with the legitimate rights of franchisors. For example, certain ultra-protectionist provisions for franchisees originally contained in the bill, such as certain rights of first refusal in franchisees' favor and the right to request cancellation of registration of franchisor's trademarks in certain cases, were not incorporated into the Amendment.
  • Alberto de la Peña
  • 3,975 Reads
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