Franchising & Distribution

Franchising & Distribution

Franchise Law Update Blog

https://franchiselaw.foxrothschild.com/

For those with an interest in the world of franchising, the Franchise Law Update blog will become a regular stop for you. Our bloggers discuss not only the regulatory aspects of franchising, but also diverse topics such as business finance, employment, litigation and the protection of intellectual property including trademarks and copyrights. We understand that while franchising has its unique aspects, franchise businesses confront the same opportunities, changes and challenges as any other business.

Recent Blog Posts

  • CARES ACT – A LIQUIDITY LIFELINE (With tough choices for franchising) Let’s face it—COVID-19 has decimated the franchise industry, along with the rest of the economy. The food service, hospitality, travel and the service sectors had very tough decisions to make almost instantly, with very little guidance. Questions persist: Can or should franchise businesses continue to operate? How can workers be protected? How can business be supported and bills paid? How long will it last, and how quickly can the industry get back on its feet? We still don’t know the answer... More
  • The CARES Act and Small Business Administration Loans There’s a big insurance company that uses the tag line:  Life Comes at You Fast.  I sure feel that life is coming at me very fast in this Brave New World of COVID-19.  Congress seems to agree, as it worked in record time to enact the $2 Trillion Coronavirus Aid, Relief and Economic Security or CARES Act.  We provided a quick overview of the immense new law on Friday. The Act provides financial support for small businesses and targeted sectors of... More
  • CARES Act: An Initial Review As the effects of the COVID-19 outbreak evolve, we here at Fox Rothschild continue to update our Coronavirus Resource Center. Today, we’ve been hard at work reviewing the historic CARES Act and its over 800 pages of provisions. Learn what’s contained in the $2.2 trillion CARES Act stimulus package and how it will affect businesses and individuals in an alert by Lauren McKenna. Diana Palecek and Paul Edelberg provide an overview of the financial bailout options for businesses impacted by the pandemic via... More
  • (UPDATED) Are State Registration Deadlines Changing under COVID-19? Yes and No (a survey) This has been updated to reflect changes issued by Florida, Hawaii, Indiana, Minnesota, New York, and Washington. Good things come to those who wait … except when you are referring to state franchise registration timelines.  This is one of the busiest times of year for franchisors with fiscal year ends that coincide with the calendar year, as the Franchise Disclosure Document (“FDD”) for those franchisors must be updated no later April 30 of each year. This is compounded by the fact... More
  • You’re Worried? What To Do. NOW. A recession is coming, if it is not already here. But this won’t be a recession like 2008. Back then, the banks threw you under the bus so that they could survive. Today, they are stronger. More importantly, they know they must partner with you. So your strategy must be different now. Bottom line? Flexibility and fast responses from both franchisors and franchisees to changing conditions are the keys to surviving. The advice in this post may have a short shelf... More
  • UPDATED–PA COVID-19 Business Shutdown Exemption Requests shutdown sign, grungy style, vector illustration Yesterday, I noted that Pennsylvania Governor Tom Wolf had issued an order directing all “non-life-sustaining” businesses in the Commonwealth to close at 8 p.m. yesterday. His stated goal is to “manage the crisis as we see the full brutality of the virus in the coming weeks.” Enforcement actions will begin Saturday at 12:01 a.m. This evening, the Governor and the Department of Community and Economic Development (DCED)  issued updated guidance for the shutdown.  Among other businesses,... More
  • COVID-19 In-House Counsel Contract Checklist By Fox Rothschild litigation attorneys Brian A. Berkley, Jacob S. Perskie and Emily I. Bridges The COVID-19 outbreak has impacted all aspects of life. In the face of massive uncertainty, companies should immediately address the effects of the pandemic on existing and future contracts and matters of corporate governance. Here is a checklist regarding contract issues companies should consider: Existing Contract Review Companies need to review existing contracts where COVID-19 has or will impact performance. This may include determining whether you or your... More
  • PA Coronavirus Shutdown Exemption Requests As you may be aware, Pennsylvania Governor Tom Wolf issued an order late on Thursday prohibiting the operation of a business that is not life-sustaining.  The order went into effect at 8 p.m. on Thursday, March 19, 2020.  Enforcement is scheduled to begin at 12:01 a.m. on Saturday, March 21, 2020.  A comprehensive list of the types of businesses impacted by this shutdown order can be found here. I am hearing tonight that the Pennsylvania Department of Community and Economic Development... More
  • Coronavirus Legal Information Center In these uncertain times, maybe while washing your hands for the tenth or twentieth time today, you may be wondering about the legal impact of the coronavirus.  In order to try and both fill the void and provide some guidance, we at Fox Rothschild have launched a coronavirus legal information center.  Topics covered right now include: Addressing COVID-19 Data Privacy Concerns An FAQ for common workplace concerns Special issues facing companies in the hospitality industry Immigration Changes We will be updating and adding to this information... More
  • Franchising: Batting a Thousand in Spring Training! In my recent post commenting on the Department of Labor’s joint employer rule, I wondered whether the NLRB would follow suit. Now we know, and the answer’s positive. It’s very good news for franchising! As we noted in a blog post earlier this week, the NLRB, after a major rulemaking process in which it received more than 29,000 (!) comments, restored the pre-Browning Ferris joint employment standard. The DOL and NLRB will apply consistent definitions of joint employment, giving some much... More