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LLP menu Current Page: Home About Contact Subscribe Search Close Enter Search Terms Search Franchise Law Update Commentary on Business and Legal Issues of Franchising Regulatory Compliance Franchising Is Safe from the National Ban on Non-Compete Agreements. Right? By John Gotaskie on April 24, 2024 By now you’ve probably heard that the Federal Trade Commission (FTC”) adopted a new rule severely restricting the use of non-compete agreements in the United States. You also might have heard that a number of organizations, including the U.S. Chamber of Commerce have already challenged this rule in court. Below… Continue Reading Franchising Is Safe from the National Ban on Non-Compete Agreements. Right? Senate Formally Objects to the New NLRB Joint Employer Standard By John Gotaskie on April 11, 2024 If you attended this year’s IFA Annual Convention in Phoenix, you heard Senator Joe Manchin… Continue Reading Senate Formally Objects to the New NLRB Joint Employer Standard Action by Indiana Securities Division Reminds Franchisors to Watch Those Item 7 Estimated Initial Investment Numbers By Eleanor Vaida Gerhards on April 11, 2024 The Securities Division of the Indiana Secretary of State issued a press release this week… Continue Reading Action by Indiana Securities Division Reminds Franchisors to Watch Those Item 7 Estimated Initial Investment Numbers California Paves Way for Franchise Broker Registration and Disclosure Model By Eleanor Vaida Gerhards on April 2, 2024 Back in December 2022, we published a blog informing readers that guidance on franchise sales… Continue Reading California Paves Way for Franchise Broker Registration and Disclosure Model Subscribe to Franchise Law Update Subscribe to this blog The Latest Georgia Court Finds Hooter’s Franchise Non-Compete Unreasonable in Geographic Scope By Eleanor Vaida Gerhards on March 25, 2024 A district court in Georgia recently granted a Motion for Preliminary Injunction f iled by HOA Franchising, LLC’s, the franchisor of the Hooters restaurant chain (Hooters”), against one of its… Continue Reading Georgia Court Finds Hooter’s Franchise Non-Compete Unreasonable in Geographic Scope Court Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a Decade By Eleanor Vaida Gerhards on March 18, 2024 A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (Burgerim”). The Federal … Continue Reading Court Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a Decade Federal Court Throws Out NLRB’s Controversial Joint Employer Rule By John Gotaskie on March 11, 2024 In a move welcomed by employers nationwide, a federal court judge in Texas has vacated the National Labor Relations Board’s proposed joint employer rule. Copyright: mipan / 123RF Stock Photo … Continue Reading Federal Court Throws Out NLRB’s Controversial Joint Employer Rule Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act By Laura Stavetski on March 10, 2024 A recent court case issued by a federal district court in Vermont ( Provencher v. Bimbo Bakeries U.S. ) emphasizes the distinction between independent contractors and employees under the Vermont… Continue Reading Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act My Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What? By Eleanor Vaida Gerhards on March 7, 2024 New and emerging franchise systems are often very eager to sign those first franchisees. All too often, they are willing to make concessions to get the franchisees on board, despite… Continue Reading My Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What? IFA Convention Takeaway: Franchise Founder Succession Planning Doesn’t Have to be a Single Lane Path By Eleanor Vaida Gerhards on February 26, 2024 One of the most highly anticipated portions of the IFA Annual Convention each year is the case study workshop conducted at the Annual Leadership Conference . All 350 attendees are… Continue Reading IFA Convention Takeaway: Franchise Founder Succession Planning Doesn’t Have to be a Single Lane Path WARNING! Replacement Importers May Be Successor to a Brewer” under New York Law By Eleanor Vaida Gerhards on February 20, 2024 In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (NY ABC Law”)… Continue Reading WARNING! Replacement Importers May Be Successor to a Brewer” under New York Law Be Careful with Your Demands When Converting Existing Licensees to Franchisees! By Eleanor Vaida Gerhards on February 5, 2024 A recent case decided by the Ohio Court of Appeals reminds new franchisors to tread carefully when converting existing licensees to future franchisees. In the case of Okolish v. Town … Continue Reading Be Careful with Your Demands When Converting Existing Licensees to Franchisees! Not All Payments Qualify as Fees” Under State and Federal Definitions of a Franchise By Eleanor Vaida Gerhards on January 29, 2024 A recent court case ( Cognex Corporation v. Air Hydro Power LLC ) between a distributor and manufacturer is a reminder to franchise attorneys that not all amounts paid by… Continue Reading Not All Payments Qualify as Fees” Under State and Federal Definitions of a Franchise View All Topics View All Posts About this Blog Fox Rothschild ‘s Franchising & Distribution Practice is comprised of a diverse group of attorneys, including former in-house counsels to major international franchisors and a leading author on franchise law. We know the business and the law of franchising. 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