RECENT POSTS
Franchise 101: Termination Is Not Enforcement; and Precluding Competition
March 2019 Franchisor 101: Termination Is Not Enforcement A federal district court upheld an arbitration panel’s decision to deny attorneys’ fees to Benihana, even though Benihana won a dispute with its licensee. The licensee started
Full Disclosure: Periodic Review of FTC Franchise Rule
The Federal Trade Commission (FTC) seeks public comment regarding its Trade Regulation Rule entitled, “Disclosure Requirements and Prohibitions Concerning Franchising” (the “Rule”). The Rule has been in effect since 1979, and was last amended in
Franchise 101: Hot Doggin’ Franchisee Sales Pitches; and Un-Merry Maids
February 2019 Franchisor 101: Hot Doggin’ Franchisee Sales Pitches Hot dog franchisor, Charlie Graingers, was unable to obtain dismissal of a federal lawsuit brought by franchisees alleging fraud, misrepresentation and breach of fiduciary duty. The
Franchise 101: No Need for Good Cause; and Injunction A-Berted
January 2019 Franchisor 101: No Need for Good Cause A Wisconsin federal judge granted summary judgment in favor of a food service and cleaning equipment maker (“Stoelting”), ruling that minimum purchase requirements under two dealer agreements were not a
Franchise 101: Your Neighborhood Debtor; and Rules of the Road
December 2018 Franchisor 101: Your Neighborhood Debtor A bankruptcy court has found that Applebee’s failed to properly terminate its franchise agreements prior to the franchisee petitioning for bankruptcy. Therefore, the franchise agreements remained in effect and were
Franchise 101: New Revenue Recognition Rule; and Lifeline Franchise?
November 2018 Franchisor 101: New Revenue Recognition Rule for Initial Franchise Fees Most franchisors’ annual franchise registration renewal deadlines are a few months away. Nevertheless, franchisors should contact their accountants now regarding a new revenue
Franchise 101: State’s Changed Tax Interpretation; and Gratuitous Promises
October 2018 Franchisor 101: Franchisor Fails to Escape State’s Changed Tax Interpretation A state appellate court (“Court”) in New Mexico upheld a decision by the state’s Taxation and Revenue Department (“Department”) that royalties paid to
Franchise 101: Thrust Into Antitrust; and a Rocky Road to FDD Disclosure
September 2018 Franchisor 101: Thrust Into Antitrust Jimmy John’s will face antitrust claims, after an Illinois federal judge declined to dismiss allegations in a class action. Plaintiffs claim the chain’s franchise agreement harmed competition by
Franchise 101: Run for the Border(line) Wage Claim; and Your Neighborhood Inspector
Southern California Tier 3 Best Lawyers in Franchise Law 2018 bkurtz@lewitthackman.com dgurnick@lewitthackman.com tgrinblat@lewitthackman.com swolf@lewitthackman.com msoroky@lewitthackman.com kwallman@lewitthackman.com tvernon@lewitthackman.com August 2018 Attorney of the Year 2018 Barry Kurtz was recognized at the San Fernando Valley Business Journal’s
Franchise 101: No Poach for You; and Cannbiz Accounting
Southern California Tier 3 Best Lawyers in Franchise Law 2018 bkurtz@lewitthackman.com dgurnick@lewitthackman.com tgrinblat@lewitthackman.com swolf@lewitthackman.com msoroky@lewitthackman.com kwallman@lewitthackman.com tvernon@lewitthackman.com July 2018 Webinar: Ready to Franchise? Here’s What You Need to Know Franchising is one, key way to