IFA Convention Roundtable on Negotiating a Franchise Agreement – or Not
I had the honor of facilitating a roundtable discussion on Negotiating the Franchise Agreement at the International Franchise Association’s 2014 Convention. Since I am often negotiating such...
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Appeals Court Upholds “Silent Fraud” Jury Verdict under Franchise Investment Law
David Cahn Take-away: If your franchise offering document is silent on key issues, you can be liable if your people “oversell” to a potential franchisee. Better to deal with the issue in carefully...
View ArticleCan you grant a franchise to an “illegal alien”?
Today the CEO of an residential services company (handyman, cleaning, etc.) posted the following question on the American Bar Association’s Forum on Franchising’s email LISTSERV: “What are the laws...
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Enforcing Quality Standards in Hotel Franchise Agreements
David Cahn Take-away. A franchisor’s diligence in conducting and documenting quality assurance inspections is as important as ever, particularly if the franchisor seeks to exercise its ultimate weapon...
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What’s the Value-Add of a “Full-Service” Law Firm?
David Cahn Over the past decade I have been a solo legal services provider, then managing member of a boutique firm, and then a part of a much larger firm, Whiteford Taylor & Preston, since 2011....
View ArticleNLRB Issues Advice Memo Finding That Franchisor Is Not Joint Employer
On April 28, 2015 the National Labor Relations Board (“NLRB”), Office of the General Counsel, issued an Advice Memorandum to the NLRB’s Chicago area regional office finding that a restaurant franchisor...
View ArticleWhy maintain your company charter? Moe’s Southwest Grill will tell you!
Co-Author: Jenny Morris, University of Maryland Law School, Class of 2017 Occasionally corporations and limited liability companies neglect to make the periodic filings required by their state of...
View ArticleHow To Tell If You Are “Doing Business” In A Foreign State And Why It Is...
In our previous article on the Moe’s Southwest Grill case, posted June 16, 2015, we explained the importance of complying with state filing requirements to maintain limited liability status in any...
View Article“You Made Your Bed, Now Lie In It!” Dickey’s BBQ And Franchisees Stuck...
Takeaway: Before you enter a franchisee/franchisor agreement, try to devise an efficient and fair dispute resolution system so you don’t end up in this sticky situation. Where and how a dispute between...
View Article“What’s the Hot Franchise, 2015?”
I am often asked “What’s The Hot Franchise?” or “What’s Hot in Franchising?” As a good lawyer I am reluctant to answer because don’t want to be seen as endorsing anything! But Franchise Times...
View ArticleNew California Franchise Law Provides More Rights to Franchisees, Burdens for...
by David L. Cahn and Jordan M. Halle Effective for franchise agreements entered into or renewed this year, new amendments to the California Franchise Relations Act impose significant restrictions on...
View Article“Earnings Claims” Regulation – Public Comments Help Prevent Unfair Restrictions
Takeaway: Demonstrating our value to early stage franchisors, WTP public comments help eliminate proposed regulations that would have prevented new franchisors from providing profit information....
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Enforcing Quality Standards in Hotel Franchise Agreements
David Cahn Take-away. A franchisor’s diligence in conducting and documenting quality assurance inspections is as important as ever, particularly if the franchisor seeks to exercise its ultimate weapon...
View ArticleClik here to view.
What’s the Value-Add of a “Full-Service” Law Firm?
David Cahn Over the past decade I have been a solo legal services provider, then managing member of a boutique firm, and then a part of a much larger firm, Whiteford Taylor & Preston, since 2011....
View ArticleNLRB Issues Advice Memo Finding That Franchisor Is Not Joint Employer
On April 28, 2015 the National Labor Relations Board (“NLRB”), Office of the General Counsel, issued an Advice Memorandum to the NLRB’s Chicago area regional office finding that a restaurant franchisor...
View ArticleWhy maintain your company charter? Moe’s Southwest Grill will tell you!
Co-Author: Jenny Morris, University of Maryland Law School, Class of 2017 Occasionally corporations and limited liability companies neglect to make the periodic filings required by their state of...
View ArticleHow To Tell If You Are “Doing Business” In A Foreign State And Why It Is...
In our previous article on the Moe’s Southwest Grill case, posted June 16, 2015, we explained the importance of complying with state filing requirements to maintain limited liability status in any...
View Article“You Made Your Bed, Now Lie In It!” Dickey’s BBQ And Franchisees Stuck...
Takeaway: Before you enter a franchisee/franchisor agreement, try to devise an efficient and fair dispute resolution system so you don’t end up in this sticky situation. Where and how a dispute between...
View Article“What’s the Hot Franchise, 2015?”
I am often asked “What’s The Hot Franchise?” or “What’s Hot in Franchising?” As a good lawyer I am reluctant to answer because don’t want to be seen as endorsing anything! But Franchise Times...
View ArticleNew California Franchise Law Provides More Rights to Franchisees, Burdens for...
by David L. Cahn and Jordan M. Halle Effective for franchise agreements entered into or renewed this year, new amendments to the California Franchise Relations Act impose significant restrictions on...
View Article