Helpful Amendments Made to the Pennsylvania Health Club Act
The Legal Intelligencer
Friday, February 22, 2013
The Pennsylvania Health Club Act, which governs most types of health clubs located in Pennsylvania, was amended effective September 3, 2012, to permit health clubs to have non-staffed hours of operation so long as specific conditions are met.
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Proving the Elements of a Franchise
The Legal Intelligencer
Friday, December 28, 2012
Because the New Jersey Franchise Practices Act basically requires material breach for termination or non-renewal, many of the disputes in franchise cases under the act challenge the existence of a "franchise" as defined by the act.
Report From Restaurant Development and Finance Conference
The Legal Intelligencer
Friday, November 30, 2012
The Restaurant Development and Finance Conference occurs every year in Las Vegas. The conference brings together the finest minds in sales and finance and is well-attended by chain restaurants, franchisees, franchisors and capital sources.
Forum Selection Clause an Important Provision in Franchise Agreements
The Legal Intelligencer
Friday, October 26, 2012
In a case reminiscent of a man-bites-dog story, a franchisor's action to enforce its post-term restrictive covenant was recently dismissed for being in violation of its own forum selection clause.
Necessary Formality in Franchise Agreements
The Legal Intelligencer
Friday, September 28, 2012
Courts are often confronted with the pesky problem of enforcing a covenant against competition against non-signatories to a franchise agreement
When a Franchisor Files, Can the Franchisee Keep the Name?
The Legal Intelligencer
Friday, August 24, 2012
One of the tools of the debtor filing bankruptcy is the ability to assume contracts or reject burdensome contracts. When a franchisor files bankruptcy, it may choose to reject the undesirable franchise agreements and cause the franchisee to change its name. This is an extraordinary option for the franchisor because it can shape the franchise system when it undergoes corporate renewal. The franchisor can also use this tool to ready itself for sale within the bankruptcy, for example, by jettisoning geographies it no longer desires to support. A recent case suggests that this tool may no longer be available for debtor-franchisors.
Limiting Wrongful Franchise Termination Claims
The Legal Intelligencer
Friday, July 27, 2012
When the U.S. Supreme Court decides a narrow issue of law, we can only speculate how the decision will be interpreted by lower courts. A Supreme Court decision interpreting one federal statute should only be persuasive precedent for the interpretation of a state statute, for example. But when the decision is well reasoned, the decision by analogy may be most persuasive. Such was the case in Bell v. Bimbo Foods Bakeries Distribution , 2012 U.S. Dist. LEXIS 90987 (N.D. IL 2012), creating a bright-line test for constructive termination of franchises.
Ways to Avoid Vicarious Liability for Franchisors
The Legal Intelligencer
Friday, March 23, 2012
Franchisors protecting their brand need to walk a fine line. Too little control and the branding message becomes blurred. Too much control and the franchisor can be held vicariously liable for acts and omissions of the franchisee. Franchisors need to control their trademarks, but should they be responsible for every aspect of the franchisee's operation?
Positive Outlook for Franchising Amid Economic Pressures
The Legal Intelligencer
Friday, February 24, 2012
Most franchise professionals express a cautious optimism for the industry. As franchising activity is an indicator of health and direction of our economy, we have good reason to expect improvement in the economy generally and in the profitability of small business as well.
International Arbitration in Franchising and Distribution
The Legal Intelligencer
Monday, February 6, 2012
Growth of international franchising and distribution requires offers of user-friendly agreements.
