Franchise Law Update Blog

John is the editor of the firm's Franchise Law Update blog, which highlights 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.

Recent Blog Posts

  • Change is Inevitable and Some Requires Special Handling Change is inevitable in a franchise system, and disclosure then becomes a concern. Disclosure may be a business issue for the existing franchisees, but it becomes a legal issue in the offer and sale of franchises. The question is whether the information would be considered by a hypothetical purchaser of a franchise as significant. Case law is sparse, but certain registration states, such as New York, provide examples of material change requiring disclosure. Examples of material business changes that must be... More
  • Employers Beware: ICE Is Ramping Up I-9 Audits to Record Levels On Fox’s Immigration View blog, my partner Alka Bahal provides a detailed exploration of the I-9 inspection process, in the wake of a recent surge in I-9 audits carried out by the U.S. Immigration and Customs Enforcement (ICE) agency. All employers in the United States are required to have a Form I-9 on file for all employees to verify their identity and authorization to work in the United States. We invite you to read Alka’s information-packed post addressing concerns facing employers: Employers Beware: ICE Is... More
  • The Taxman Cometh (for Your Internet Sales) In a closely watched 5 to 4 decision authored by retiring Justice Kennedy in South Dakota v. Wayfair, 585 U.S. ___ (2018), the U.S. Supreme Court reversed decades of Supreme Court precedent, giving state and local governments the right to collect sales taxes from out of state retailers on online sales made into the local jurisdiction. The case involves Wayfair, a furniture and home company which sold products over the Internet into the state of South Dakota.  The law in question... More
  • Trademark Licensees Beware: License at Risk in Franchisor Bankruptcy Below is a Guest blog post authored by our own Michael Viscount: A concern for franchisees is the impact on license agreements for intellectual property when the licensor files bankruptcy and seeks to shed itself of burdensome obligations under license agreements. The impact on the licensee is different depending on the type of IP licensed. And, to further complicate matters, with regard to impact on trademarks the results can be different depending upon where the licensor files for bankruptcy. Rejection of Executory... More
  • Succession Plans that Succeed Succession plans ask what will happen when the principal owner/operator is not available. Copyright: deklofenak / 123RF Stock Photo A succession plan may be coordinated with an estate plan, which contemplates dispositive transfers through sale, and other means. The disposition can also occur by wills and trusts, buy-sell agreements, augmented by life insurance and family partnerships. A valuation of the business is often a key element in any exit strategy, and the succession plan, estate plan and valuation should be coordinated. These... More
  • Worried about GDPR? We have an App for That Fox Rothschild LLP has deployed a new mobile app to assist companies, including franchisors, as they rush to comply with the European Union’s General Data Protection Regulation (GDPR) – a complex set of new data privacy rules with major implications for businesses.  The app – GDPR Check – helps businesses catalog their data management practices and policies to determine necessary steps to comply with GDPR when it takes effect in May. “The pending implementation of GDPR will impact all companies that process... More
  • Coming Attractions: NY Proposes Regulations on Employee On-Call and Call-In Pay The New York State Department of Labor published proposed regulations to the Miscellaneous Industries and Occupations Wage Order in the New York State Register addressing so-called “just in time,” “call-in” or “on-call” scheduling demands facing employees. The proposed regulations, published on November 22, are subject to a 45-day comment period. According to Governor Andrew M. Cuomo and the NYSDOL, employers sometimes schedule or cancel a worker’s shift a few hours before the shift begins, or just after it starts, which “often leave[s] workers... More
  • What Restaurant Franchising Tells Us About the Future Restaurant operators and their financiers often need to predict the future. The operators, mostly from franchised brands, need to adapt to changing tastes and fashion. The financiers need to assess risk before making commitments or investments. Experts in these fields met together in November 2017 to test their assumptions. Kevin Burke, Managing Director of Trinity Capital LLC, delivered a report which he summarized the economy for restaurants “As Good as it Gets.” The formal title was a very analytical “A Reversion... More
  • If You Operate a Website, Don’t Miss the 12/31 Deadline To Update Your DMCA Notice If your franchise–or your franchisees–operate a website that accepts user-generated content, NOW is the time to contact the Copyright Office. Whether you realize it or not, your website probably accepts user-generated content. Examples of such content include e-commerce websites that accept product reviews, franchise-sponsored blogs that publish user comments on posted articles, and brand fandom sites that permit users to share photos or videos. It can be very difficult for you to determine whether user-generated content posted to your brand’s website was created by... More
  • Happy Thanksgiving! From our Family to Yours, all of the Franchise and Distribution attorneys of Fox Rothschild send to you the warmest Thanksgiving wishes. We are most thankful for our franchise friends and clients, and wish them every continued success. The post Happy Thanksgiving! appeared first on Franchise Law Update.... More