International Arbitration in Franchising and Distribution

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The Legal Intelligencer

Monday, February 6, 2012

Growth of international franchising and distribution requires offers of user-friendly agreements.

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Scrutinizing Franchise Legal Claims Under Pennsylvania Law

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The Legal Intelligencer

Friday, December 23, 2011

Judges are charged with performing justice among the litigants. Members of the bar benefit when the judiciary writes not only for the litigants, but to explain its reasoning for others.

The Economy Needs More Franchise Financing

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The Legal Intelligencer

Friday, July 22, 2011

Franchised operations are expected to create 194,000 new jobs in 2011 according to a PricewaterhouseCoopers analysis. This would be a 2.5 percent increase over 2010 and corresponds to a 2.5 percent increase in total retail outlets expected in 2011. Total employment by franchise companies is expected to be 7.8 million this year. That is why the government is focused on financing for small business as a method of job creation.

How Franchise Companies Avoid Class Action Cases

The Legal Intelligencer

Friday, May 27, 2011

Franchise companies are especially susceptible to class action complaints. The class actions are often brought by consumers buying the franchisor's branded products and services, and by franchisees claiming systemwide contractual defaults.

Hotel Franchises Face Rising Bed Bugs Claims

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The Legal Intelligencer

Monday, April 4, 2011

When health and environmental experts convened in Washington, D.C., on Feb. 1-2 for the Second National Bed Bug Summit, the message was clear: Bed bugs are an increasing health menace. "In recent years, public health agencies across the country have been overwhelmed by complaints about bed bugs," said Bob Perciasepe, the U.S. Environmental Protection Agency's deputy administrator, at the start of the summit.

Precise Compliance With Notice Provisions Essential for Franchisors

The Legal Intelligencer

Friday, March 25, 2011

Franchise agreements dictate the time and manner in which material information is to be communicated. Performance of the entire franchise enterprise, down to the performance of each franchisee, is directly related to the ability to communicate necessary information regarding new products and system standards.

Avoiding Threats to Your Brand in the Age of New Media

The Legal Intelligencer

Friday, January 28, 2011

Your brand is intimately associated with your company's good will. Like it or not, companies are part of the new media. On any given day, a customer or critic can set off a firestorm with a comment or critique. If properly targeted, venomous falsehoods could take a decade to counteract.

What Is the Standard of Review of Arbitration Awards?

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The Legal Intelligencer

Monday, August 9, 2010

The 3rd U.S. Circuit Court of Appeals decided a franchise related case on Aug. 2 that addressed judicial review of arbitration awards. In Paul Green School of Rock v. Smith, the court of appeals was called upon to review the confirmation of an arbitration award by the district court.

Walking a Fine Line

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The Legal Intelligencer

Tuesday, June 22, 2010

A franchisor may be vicariously liable for the acts or omissions of a franchisee, or on occasion, for damages caused by someone else. Vicarious liability has a long history in our legal system and the cases are often fact specific and otherwise inconsistent and unpredictable. This article explores the limits of vicarious liability, such as where an employee of a franchisee can be held to be the franchisor's employee as well. The article will also suggest an action plan to avoid exposure to vicarious liability.

Justices Toss Service Station Owners' Constructive Termination Suit

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The Legal Intelligencer

Monday, April 12, 2010

The U.S. Supreme Court on March 2 unanimously held that a franchisee that stays in business cannot sue for constructive termination under the Petroleum Marketing Practices Act. The court also decided that a franchisee waives its constructive nonrenewal claim where it actually enters into a renewal agreement.