Franchise Lawyer Blog

NLRB and House of Representatives Overrule Browning-Ferris and Reinstate Prior Joint-Employer Standard

The last month has brought about significant developments with respect to the definition of a “joint employer.” These developments are critically important, and are good news for Franchisors and Franchisees, alike. As we recently recounted on our Franchise Lawyer blog, on November 7, 2017, the U.S. House of Representatives passed the Save Local Business Act,

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Franchising Your Business – Back to Basics

Every once in a while, it is useful to stop what we’re doing and examine how we are doing it, to see if we have gotten into bad habits or become stuck in the proverbial rut in terms of efficiency. In our case, that means going back to basics and looking at how we talk

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Practical help for franchisees; what to ask and how to negotiate fees for new technology.

One expensive aspect of operating and/or acquiring a franchise that new franchisees often overlook is the expense of utilizing, adopting or upgrading the franchisor’s technology. Technological advancements in franchising cross all industries. In fast-casual restaurants, servers often use tablets to place orders; in fast food franchises, kiosks are rapidly gaining popularity; hotel franchises frequently use

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Isolated Sales Exemption

Companies that are interested in developing a franchise program or offer franchises for sale in or from New York must comply with the New York Franchise Sales Act and the Amended Federal Trade Commission Rule (the “Rule”). The New York Franchise Sales Act requires registration of a franchise disclosure document (“FDD”) prior to the offer

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The Defend Trade Secrets Act of 2016

The Defend Trade Secrets Act of 2016 (the “DTSA”), which became law on May 11, 2016, is a useful tool for franchisors in protecting their trademarks and trade secrets both against employees and potentially against former franchisees. Franchisors can utilize the DTSA to bring a federal claim for trade secret misappropriation, which was not an

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In re Baez and Employment Relationships Between Franchisors and Franchisees

In In re Baez, a potentially important case for franchisors, Jan-Pro Cleaning Systems, a janitorial franchisor, was held responsible for unemployment insurance contributions on remunerations paid to franchisees. In Baez, franchisee-claimant operated a cleaning service pursuant to a Jan-Pro franchise agreement. In 2009, franchisee-claimant ceased operations and applied for unemployment insurance. During the same time

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Franchising in the News; How to Ensure Your Online Marketing Campaign Remains Compliant with Franchise Regulations

A recent article in the Franchise Times provides an interesting perspective on franchisors’ web site practices. Mark Siebert, from iFranchise Group, writes that “[w]hen it comes to whether franchisors should separate their franchise website from a consumer-facing site, a house divided is a good, even important thing. While it may seem counterintuitive, when it comes

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Franchise Succession Planning

One of our founding partners, Michael Einbinder, recently addressed a group of restaurant franchisees concerning transferring their respective franchise(s) to the next generation, a concept often referred to as succession planning. Arranging to have an existing business transferred to the owner’s family, children or desired operator requires a plan that involves estate planning (Wills, Trusts,

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