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PRACTICE COLUMNS
Franchise Law
Attacks on Arbitration Clauses Hint at Future Challenges
Wednesday, June 25, 2008
The Federal Arbitration Act, Title 9 U.S.C. Section 1, et. seq., articulates a national policy that prefers arbitration to litigation where the contract affects interstate commerce. Section 2 of the act allows federal enforcement of agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract."
SPONSOR SPOTLIGHT
Conflicting State Laws Complicate Franchise Disputes
Wednesday, April 23, 2008
A single federal case with two separate opinions illustrates the complexities of conflicts of laws in franchise transactions.
Mediate, Arbitrate and Fulminate: A Hypothetical Lesson
Friday, March 7, 2008
The telephone rang at 6 p.m.; just as I was putting the final flourishes on a brief that would cause spasms in my opponent's client. On the other end was Steve Lyons, assistant general counsel to MacBurgers International.
Opportunities and Issues Under the Amended FTC Franchise Rule
Wednesday, December 26, 2007
The Federal Trade Commission franchise rule governing the issuance and offering of franchises was first promulgated in 1979.
What Is the Game If the Name Is Not the Same?
Wednesday, October 24, 2007
With the proliferation of LUKOIL brand gasoline stations, courts were likely to be involved with some of the service station dealers when the name of the chain was changed.
Look for Consolidation of Competitive Brands for Added Profitability
Wednesday, August 22, 2007
What happens when a single company acquires competitors in the same industry? Brands in the same industry are often consolidated to increase economies of scale, buying power and to reduce transaction costs.
Trends in Franchise Merger,
Acquisition and Liability
Wednesday, June 27, 2007
In 2006, merger and acquisition activity increased generally in the franchise industry.
How Much Can Be Made
With the Purchase of a Franchise?
Wednesday, April 25, 2007
Franchisors are remiss if they fail to answer the question of how much the business is likely to make.
Federal Trade Commission
Unveils Amendments to Franchise Rule
Wednesday, February 28, 2007
The offer and sale of franchises is regulated by the Federal Trade Commission. The FTC promulgated in its rulemaking capacity what has been referred to as the franchise rule in 1978.
Franchise Finance in the Area
Of Restaurant Development
Wednesday, December 27, 2006
The primary method of developing restaurants is through franchising. Virtually every restaurant chain that claims more than 50 locations or over $75 million in sales is franchised. Let's review the metrics of the restaurant industry to see why franchising is the preferred method of expansion.
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