Franchising & Distribution

Franchising & Distribution

Franchise Law Update Blog

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.

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Recent Blog Posts

  • Pennsylvania Edges Closer to Normalcy Big News from the Office of Pennsylvania Governor Wolf today! While there does not yet seem to be an Order, the Governor’s Office issued a press release today outlining significant changes to targeted COVID-19 business restrictions in Pennsylvania. On April 4, 2021, the following changes will be implemented: Restaurants May resume bar service for the first time since November 23, 2020. Alcohol may be served without the purchase of food. The 11 pm cut off for alcohol sales and the 12 midnight curfew for removing... More
  • Women Returning to the Workforce: Tips for New Franchisees The idea for this blog comes from Sahara Pynes. Sahara is a member of our Labor and Employment team and presented her own Tips for New Entrepreneurs in our California Employment Law blog. Thanks to Sahara for this idea, and please check out her post! The pandemic has had a disproportionate effect on women, with nearly 3 million women having left the workforce since the start of the pandemic. However, there have been a record number of new business applications filed... More
  • FTC: You Are Only as Good as Your Weakest Service Provider Contributed by Odia Kagan. This blog has discussed the importance of ensuring and auditing your vendors’ data security practices. A recent enforcement action from the Federal Trade Commission (FTC) drives home the importance of being proactive about vendors and data security. Specifically, the FTC recently entered into an enforcement action with an analytics company for breaching the FTC’s Safeguards Rule issued pursuant to the Gramm-Leach-Bliley Act (GLBA) by failing to properly vet a third-party vendor it engaged. The vendor stored personal information... More
  • WHIPLASH! A stunningly fast reversal of labor policies It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has: Installed Department of Labor leadership widely viewed as labor-friendly  Abruptly replaced the NLRB’s Chief Counsel Euthanized Trump’s joint employment regulation Added a $15 minimum wage provision to the latest round of COVID funding Reading the favorable tea leaves, Democrats have reintroduced the PRO Act. That piece of legislation, among... More
  • Insurance Coverage for Pandemic Losses Hard to Come By Back at the beginning of the pandemic, there was a flurry of articles that maybe, just maybe, insurance would cover losses at businesses closed by the pandemic. I was skeptical. Now, as more cases roll in, it looks as if that skepticism was warranted.  In fact, a recent case from my lonely neck of the woods–Western Pennsylvania–continued that trend. In the case, a tavern and restaurant business sought coverage under a policy of property insurance for lost business income relating to... More
  • Winter of Despair followed by . . . a Spring of Hope? Charles Dicken’s A Tale  of Two Cities famously opens with “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness … .” This opening could be applied to the results of the last political election, the public health of our nation, or even... More
  • A COVID Bonus for Trademark Owners: Presumptive Injunctive Relief and Sweeping Away Old Marks Buried deep in the roughly 5,500 pages of the most recent COVID relief legislation are two unexpected gifts for trademark owners. One of those gifts, the Trademark Modernization Act: (a) Essentially overrules eBay v. MercExchange and creates a rebuttable presumption of irreparable harm on a finding of trademark infringement, including in instances of cybersquatting; and, (b) Allows petitions to expunge or reexamine registered marks that are not or have never been used in commerce in connection with the goods and services listed... More
  • Unintended Consequences? The Employment Battle Threatens Franchising The one-two punch of state and federal employment standards activity poses an existential threat to franchising; many commentators, including this one, have acknowledged that fact. But why? Did the California legislature or the Obama Department of Labor intend to deliver a knock-out punch to a very popular business structure that creates tens of thousands of independent franchisee business owners, who in turn employ hundreds of thousands of workers? I recently had an interesting conversation on this topic with Erik Sherman, who... More
  • What Franchising Needs to Know about the New COVID-19 Relief Law Congress passed a wide-ranging COVID-19 relief package on December 22, 2020, that provides over $900 billion in aid to individuals and businesses. President Trump has now signed the relief bill, called the Bipartisan-Bicameral Omnibus COVID Relief Deal, into law. The law addresses four areas of importance to franchising: the Families First Coronavirus Response Act (FFCRA), the Paycheck Protection Program (PPP), the Economic Injury Disaster Loan (EIDL) program and SBA Emergency Grants for shuttered live venue operators or promoters. Families First Coronavirus... More
  • Happy Holidays from the Franchise and Distribution Team at Fox Rothschild Warmest Wishes for Happy Holidays with your colleagues, friends and loved ones–remotely, of course! And, to all of those with an empty box on the Zoom or empty seat at the table this year, our deepest condolences. May 2021 be a year of recovery and rebirth in a thousand ways! ... More