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PRACTICE COLUMNS
Franchise Law
Two Dessert Businesses and a 'Sprinkle' of Trademark Issues
Monday, October 12, 2009
Los Angeles is ground zero of the dessert wars. The war is coming to your town soon. Like most wars, it starts with a war of words. Like most wars, the truth is the first casualty. The battlefield will be the various federal courts that enforce the Lanham Act, Title 15 of the U.S. Code, which addresses unfair competition and trademark infringement.
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Must a Party Exercise Good Faith in Every Transaction?
Monday, August 10, 2009
A recent case from the Western District of Pennsylvania suggests the duty of good faith is implied in every contract and at every stage of contracting.
Does Notice Need To Be Given for Incurable Defaults?
Monday, June 8, 2009
Like personal relationships, some breaches of franchise agreements are more material than others. The Restatement (Second) of Contracts Section 241 looks first at the injured party to determine its expectation damages and whether it can be adequately compensated and then at the consequences to the defaulting party.
Injunctions in Arbitration Cases: Overcoming the Challenges
Wednesday, April 15, 2009
All companies with well-known brand names or trade secrets, and particularly franchise companies, need to seek an injunction from time to time. Where the parties to the dispute have agreed to resolve their dispute only by arbitration, obtaining an injunction can be a more complicated process.
Protecting Franchise Companies Against Cybercrime
Franchising Business & Law Alert
Monday, April 13, 2009
The 21st century is clearly the age of cybercrime, and franchise companies should be especially concerned because, simplistically, there are only two types of computer systems: those that have been hacked, and those that will be hacked.
Troubled Waters Ahead? High Court Expands RICO
Monday, March 23, 2009
Racketeer. Con artist. Professional fraudster. Although these stigmatizing labels hardly resemble franchisers — indeed, they often bear little resemblance to most defendants in civil lawsuits — many franchisees have leveled serious allegations of racketeering, corruption and fraud at franchisers in federal lawsuits premised on the Racketeer Influenced and Corrupt Organizations Act, or RICO.
Franchise Growth and Leverage in a Down Economy
Monday, February 9, 2009
Eroding consumer confidence affects all housing, retail and franchised businesses. Franchised business need to adjust their expenses and expectations like all businesses, but they are uniquely leveraged in this economic environment. Franchise companies are able to leverage their brand during the credit crisis, which gives franchise companies additional tools, and risks, that their competitors may envy.
New Demographics and Credit Markets in Franchising
Monday, December 29, 2008
What is the biggest sea change for retailing and franchising? We can learn a lot from research conducted in shopping malls and restaurants about new trends.
Should a Sham Company Be Subject to Arbitration?
Wednesday, October 22, 2008
A case involving franchise law entered judgment against a party to an arbitration award but refused to confirm a judgment against the company found to be its "alter ego" by the arbitrator.
Are Franchise Companies on the Selling Block?
Wednesday, August 27, 2008
Some say America is on sale. With the dollar weak against many currencies, foreigners find American businesses are easy to buy.
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