October 22, 2024 | New York Law Journal
Accelerating Brand Expansion via Master Franchising and LicensingThe master franchise relationship involves the "master" franchisor brand owner, who grants rights to one or more "sub-franchisors" tasked with finding "sub-franchisees" to open and operate franchise units.
By Marc Lieberstein and Emily Doan
5 minute read
April 16, 2024 | New York Law Journal
Franchising Versus No-Poach/Non-Compete Issues, Part 2This past March, the Supreme Court allowed a proposed class action challenging McDonald's use of no-poach provisions in its franchise agreements to move forward, and denied McDonald's petition to review a ruling from the Seventh Circuit that revived the case last summer.
By Marc Lieberstein and Brodie D. Erwin
10 minute read
February 20, 2024 | New York Law Journal
Is Franchising Really Doomed in 2024?In this article, Marc Lieberstein and Chris Caiaccio discuss recent legislative developments that represent the clearest attack on the franchise model to date that may present challenges to the growth of franchising in the year ahead.
By Marc Lieberstein and Chris Caiaccio
10 minute read
April 18, 2023 | New York Law Journal
'Dawn Donut Rule': A Guide for Expanding Franchises to Enforce Trademark RightsA relatively recent trend indicates that state regulators in franchise registration states are conducting state trademark searches and advising franchise owners, who are filing applications to offer and sell franchises in those registration states, that a local third party already operates in the state under the same or similar trademark as the franchise.
By Marc Lieberstein and Bill Bryner
6 minute read
February 14, 2023 | New York Law Journal
Franchising and the New Copyright Claims BoardThe newly established Copyright Claims Board (CCB), a "small claims" tribunal located in the Copyright Office could change how franchise parties view copyrights by offering a less costly and more expedient copyright enforcement alternative, write contributors Marc Lieberstein and Anna Antonova.
By Marc Lieberstein and Anna Antonova
7 minute read
August 25, 2022 | New York Law Journal
Cybersecurity: Franchisors and Franchisees BewareFranchisors and franchisees should collaborate and coordinate their online activities to provide for security and control over the franchises valuable proprietary commercial and consumer data.
By Marc Lieberstein and Raymond Aghaian
6 minute read
September 28, 2021 | New York Law Journal
Privacy and Franchising: Are You Keeping Up To Protect Your Consumers and Your Franchise?There is no simple way to guarantee compliance with so many privacy laws, but in their Franchising column, Marc Lieberstein, Amanda Witt and Tony Glosson offer some general guidance for franchisors and franchisees.
By Marc Lieberstein, Amanda Witt and Tony Glosson
10 minute read
May 20, 2021 | New York Law Journal
Is Franchising Being Threatened (Again)?There is new legislation being proposed at state and federal levels that seeks to address a myriad of wage and labor issues resulting from the pandemic. It's important to know what the legislation provides, consider the consequences, and determine the manner in which franchising parties may avoid or mitigate them, if necessary.
By Marc Lieberstein, Kitt Shipe and Chris Caiaccio
9 minute read
February 11, 2021 | New York Law Journal
What Does the 2020 Trademark Modernization Act Have in Store for Franchising?Although many portions of the the Trademark Modernization Act of 2020 won't become effective until Dec. 27, 2021, it is the most significant trademark legislation since the landmark Trademark Law Revision Act of 1988.
By Christopher P. Bussert and Marc Lieberstein
9 minute read
September 25, 2020 | New York Law Journal
The Case for Doing Well by Doing Good in FranchisingFranchising columnists Marc A. Lieberstein and Kitt Shipe discuss franchise opportunities and whether they are doing enough to combat climate change with sustainability efforts and environmentally safe polices.
By Marc Lieberstein and Kitt Shipe
7 minute read