The enforceability of a non-competition covenant is based on state law. Generally, and perhaps uniformly, non-competitions are disfavored under the … Continue Reading →
Financial Disclosures After Signing the Franchise Agreement Not a Violation
The Federal FTC Franchise Disclosure Rule prohibits franchisors from sharing, discussing, giving, or showing prospective franchisees financial performance information unless … Continue Reading →
When do not State Registration or Exemption Expire?
State laws very as to when the franchise registration expire. Some states only require a one-time filings or exemptions. Other … Continue Reading →
What is the Cost of Use Someone’s Trademark?
If you ask Walmart what the cost of using someone else Trademark, the answer is $9.5 million. Pursuant to the … Continue Reading →
What Can be Released by a Franchise General Release of Claims?
Franchisee as commonly asked to sign a general release of claims when entering to a franchise agreement when to transfer … Continue Reading →
What Do You Think About the FTC Franchise Disclosure Rule?
The Federal Trade Commission (FTC) drafter of the Franchise Disclosure Rule, which requires the delivery of the Franchise Disclosure Document … Continue Reading →
How Much Can Franchisees Be Charged?
It shall be an unfair or deceptive act or practice or an unfair method of competition and therefore unlawful and … Continue Reading →
Is Your Franchise Claim Subject to Arbitration?
Back in 1925, Congress passed a law allowing for the enforceability of arbitration clause in contracts. A written provision … Continue Reading →
What is the Recourse for the Filing of a Franchisee Bankruptcy?
Almost universally, franchise agreements expressly state that the filing of a claim in bankruptcy is grounds for immediate termination of … Continue Reading →
Is There an Anti-Poaching Clause in Your Franchise Agreement?
Poaching in the employment realm is the act of scouting, soliciting, recruiting, and hiring employees already employed by another entity. … Continue Reading →