RECENT POSTS
Court of Appeal Limits Applicability of the ABC Test
by Sue M. Bendavid & Nicholas Kanter In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions
Court’s Prop 65 Ruling a Great “Brewhaha” for Coffee Retailers
In 2010, a nonprofit group called The Council for Education and Research on Toxics (CERT) brought a lawsuit against 91 commercial coffee roasters, retailers and distributors. CERT claimed the defendants failed to provide warnings regarding
Full Speed Ahead: SBA Directory May Hasten Franchisee Lending Process
Franchise & Distribution Practice Group Chair by Barry Kurtz 818-907-3006 As of January 1, 2018, the U.S. Small Business Administration (SBA) will begin implementing new rules that will affect franchisors, entrepreneurs wishing to join a
Restaurant Industry Gets Another Chance to Chime in on Menu Labeling
CalBar Certified Franchise & Distribution Law Specialist by Barry Kurtz 818-907-3006 Franchisors in the food service industry have until January 18, 2018 to comment on the latest version of the Food & Drug Administration’s Menu
Beep: Your Hamburger is Ready
CalBar Certified Franchise & Distribution Law Specialist by Barry Kurtz 818-907-3006 Analysts predict robots may take nearly 40 percent of U.S. jobs – particularly the ones that require lower education levels – in the next
Accidental Franchise = Potential Lawsuits, Fines + Other Penalties
CalBar Certified Franchise & Distribution Law Specialist by Barry Kurtz 818-907-3006 Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources,
Before Franchising Your Business, First Consider These Factors
Chair, Franchise & Distribution Practice Group by Barry Kurtz 818-907-3006 Franchising is so much more than casual burger chains with drive through windows and dollar menus. It’s an industry that incorporates a wealth of blue
Franchise Litigation Rising Over Dietary Considerations
Chair, Franchise & Distribution Practice Group by Barry Kurtz 818-907-3006 Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which
Gas Station Dealers: A Review of the Petroleum Marketing Practices Act
Certified Franchise & Distribution Law Specialist by David Gurnick 818.907.3285 So far in 2017 no federal or state court in California issued a published decision under the Petroleum Marketing Practices Act (“PMPA”) – despite the fact gasoline
Six Ways Franchisors Can Reduce Joint Employer Liability Risk
CalBar Certified Franchise & Distribution Law Specialist by Barry Kurtz 818-907-3006 In January 2016, the National Labor Relations Board (NLRB) determined that indirect control or the reserved right to control, even if unexercised, could be