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Under Armour event provides procurement insights
David CahnOn March 22, 2012 I attended the Maryland Chamber of Commerce Business Development Council event at Under Armour (“UA”) world headquarters in south Baltimore, located right next to...
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Franchisor Could Be Liable Under Workers’ Compensation Act
David Cahn An appeals court has held that Doctor’s Associates, Inc., the franchisor of Subway® sandwich shops, could be liable for the payment of workers’ compensation benefits for the injured employee...
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Sylvan Learning, Inc. Fighting Franchise Act Claim
David CahnDuring 2012 Sylvan Learning, Inc. and its corporate affiliates are fighting a claim of violating of the Maryland Franchise Registration & Disclosure Law and fraudulent conduct in its sale...
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Can I Stop “Bargain Basement Pricing” of My Branded Products?
David CahnWhile the continuous growth of Internet-based commerce has to lower prices for many consumer shopping for goods, it has been a major problem for many “bricks and mortar” retailers and also...
View ArticleBargain Basement Pricing, epilogue
This is a follow-up to prior post Can I Stop Bargain Basement of My Branded Products? On May 8, 2012, the New York Supreme Court, Appellate Division, affirmed a trial court’s dismissal of People of the...
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International Franchise Expo Better Than Ever!
David Cahn For the first time the annual International Franchise Expo took place in New York City from June 15 until June 17, 2012, and it was a revitalized event worthy of The Big Apple. I visited on...
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NLRB “Pushing the Envelope” to Protect Employees’ Rights to Communicate Online
David CahnSection 7 of the U.S. National Labor Relations Act (“NLRA”) states, Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively...
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THE POWER OF ASSOCIATION: AUTO DEALER PROTECTION LAWS
David CahnTakeaway: Through effective trade associations and lobbying efforts, during the last century automobile dealer franchises in the United States convinced state governments to give them...
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Contingency Planning For The Business Owner – Are You Covered?
David Cahn Most of the work that I do for franchise owners (or “franchisees”) falls into two categories: (1) helping to evaluate a potential franchise opportunity and negotiating the franchise...
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“Gangland” Judicial Opinion is a Reminder of Liability for Franchisees and...
David Cahn In Ford v. Palmden Restaurants, LLC, the Court of Appeals of California issued a strong reminder to both restaurant franchisees and their franchisors of their potential liability for...
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Another Court Ruling Shows Franchisors the Value of Providing an Item 19 FPR
David Cahn Takeaway: Franchisors cannot rely on disclaimers in the contracts and FDD to protect against claims of providing false financial information. The Case: In a recent decision, Long John...
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Hashim and Walker Provide Valuable Insight on Franchise Agreement and...
David CahnIn the opening General Session of the International Franchise Association (“IFA”) Legal Symposium on May 6, 2013, Aziz Hashim, President & CEO of NRD Holdings, LLC (Multi-Unit Franchisee...
View ArticleIFE Offers Interesting Look at the Future of Franchising (updated)
For the second straight year the annual International Franchise Expo took place in New York City from June 20 – 22, 2013, and it seemed even bigger and better than ever! This post highlights...
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Severe Consequences for Franchisor Executives: Personal Liability and...
David Cahn “Do not pass Go, do not collect $200” is a phrase we all remember from the childhood game Monopoly. Like Monopoly, state franchise sales laws have rules and regulations that must be...
View ArticleCourts Enforce Waivers of Class Actions in Arbitration By Franchisees,...
In 1925, the Federal Arbitration Act (“FAA”) was enacted to strengthen the ability of parties to enforce “purely voluntary” pre-dispute promises to have disputes determined through arbitration. See,...
View ArticleRecent Franchise Non-Compete Cases Show Unpredictability of Enforcement
Summary: Recent cases involving attempted enforcement of covenants not to compete by franchisors show the unpredictability of the results in such cases. However, careful reading of the factual...
View ArticleABA Forum on Franchising’s “Wizard” proposals do not address arbitration issue
At the October 2013 American Bar Association Forum on Franchising Convention, the keynote program was entitled “If I had a Wizards’s Wand” and concerned what each of the four presenters would change...
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How Can You Know If Your Business Is Ready To Franchise?
David CahnDo you think you’re ready to make your business a franchise? Ready to become the next Subway or Jiffy Lube? In this column, I’ll outline some key factors to consider as you make the important...
View ArticleRestaurant and retail franchisors: could this be you in 2014?
The case of Wojcik v. Interarch, Inc., currently pending in the U.S. District Court for the Northern District of Illinois against the fast casual restaurant franchisor Saladworks, LLC, contains a...
View ArticleRestaurateurs’ Roundtable Sheds Light on Issues
I recently attended an invitation-only “Restaurateur’s Roundtable” hosted by Cohn Reznick, a well-regarded accounting firm with a strong focus on representing restaurants. I was privileged to bring...
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