Podcasts

• Franchise Fundamentals: Positive Contributions to Society Are a Key to Financial Success, Part 2

Franchises looking to mitigate risks should aim to create a systematic, tracked plan that fulfills the environmental and social needs of stakeholders and the growing number of regulatory bodies.

In Part 2 of this podcast series, John Gotaskie, a partner in the firm’s Franchising & Distribution Practice, breaks down how the three key factors for financial success, discussed in Part 1, can be incorporated into a strategic risk-management program.

• Franchise Fundamentals: Positive Contributions to Society Are a Key to Financial Success, Part 1

A franchise has the potential to be even more successful by listening and responding to the environmental and social needs of its investors, consumers and employees.

In Part 1 of a two-part podcast, John Gotaskie, a partner in the firm’s Franchising & Distribution Practice, details the three key factors that a franchisor needs to consider to achieve financial success.

• Bankruptcy Fundamentals in Franchising — Part II

A franchisor bankruptcy presents various contract assumption and rejection avenues involving franchises, franchisee licenses, trademarks and area development plans.

Download the Bankruptcy Fundamentals in Franchising Part 2 Transcript.

• Bankruptcy Fundamentals in Franchising — Part I

Franchisees facing financial hardship should consider bankruptcy as a potential business restructuring solution – not the only option for solving their economic woes. A Chapter 11 bankruptcy raises myriad contract issues, from those covering service obligations and IP rights to leases for equipment and real property.

Download the Bankruptcy Fundamentals in Franchising Part 1 Transcript.

• The 90-Day Franchise Bankruptcy Solution

The CARES Act has expanded access to Bankruptcy Code amendments that provide a streamlined version of business bankruptcy proceedings, allowing small franchisors and franchisees to undergo a Chapter 11-style business reorganization within 120 days of filing and avoid some of the administrative headaches and expenses of a traditional Chapter 11.

Download The 90-Day Franchise Bankruptcy Solution Transcript.

• Franchise Businesses Face Compliance Hurdles From California Consumer Protection Act

The California Consumer Protection Act (CCPA) applies data privacy compliance requirements to any for-profit organization that collects and controls personal information of California residents, does business in California and satisfies certain revenue-based conditions.

Download the Franchise Businesses Face Compliance Hurdles Transcript.

• New Accounting Standards Dramatically Reshape Franchise Lease Obligations

The Financial Accounting Standards Board has adopted new accounting requirements that change how a franchisee or a franchisor must account for its lease obligations within their financial statements.

Download the New Accounting Standards Transcript.

• Franchise Disclosure Documents Must Comply With New Audit Requirements

In this 17-minute podcast, franchise lawyer and litigator John Gotaskie joins industry auditor Jeff Deane of BKD CPAs and Advisors and franchisor Jim Powers of Ablak Holdings to explain how new revenue recognition standards will critically affect the way franchise buyers assess risk and financials. The panel also outlines strategies for franchisors to categorize franchise fees in a way that clarifies specific performance obligations within revenue projections.

Download the Franchise Disclosure Documents Transcript.

• No-Poaching Provisions Create Franchise Risks

In this seven-minute podcast, franchise lawyer and litigator John Gotaskie discusses the risks of maintaining no-poaching provisions in light of the antitrust and labor law interpretations by the Justice Department and state attorneys general that signal a shift in how the government views these cases.

Download the No-Poaching Provisions Transcript.

• Franchisors Take Note: NLRB Proposes New Joint Employer Standards

Proposed regulations from the National Labor Relations Board would clarify when two employers should be treated as a “joint employer” of an employee or group of employees.  This five-minute podcast outlines the details of the proposed changes, explains how it could affect employer relationships and highlights the developments to watch for.

Download the Franchisors Take Note Transcript.

• Intellectual Property Issues in Franchising

Franchisors often have IP rights in the areas of copyrights, trademarks, patents and trade secrets. A strong franchisor-franchisee relationship recognizes how these intellectual property elements play into the success of their business models.

• Supreme Court Rules on the Requirements of 'Actual Fraud'

The U.S. Supreme Court held – by a 7-1 vote – for the first time that a fraudulent conveyance scheme can be consistent with the requirements of “actual fraud.” In this podcast, John discusses how the ruling creates a potential new exception to the discharge of debts under the Bankruptcy Code.

Download the Supreme Court Rules Transcript.

• The Defend Trade Secrets Act and Nondisclosure Agreements

With the passing of the new Defend Trade Secrets Act, it is vitally important for organizations to update their form employee and independent contractor nondisclosure agreements to ensure they comply with the act’s “whistleblowers” requirements.

Download The Defend Trade Secrets Act Transcript.

• What To Learn From High-Profile Hacks

The data breaches experienced by major retailers and organizations remind us that our data security is constantly under attack. In this podcast, John details lessons learned from large data breaches.

Download the What To Learn From High-Profile Hacks Transcript.

• Changing the Joint Employer Standard in Franchising

Recently, the National Labor Relations Board (NLRB), in a 3-2 decision along partisan lines, overturned the “joint employer” standard that has existed for the past three decades. This is a highly important decision because if a company is a joint employer, it could be subject to collective bargaining and a large variety of employment-related claims formerly reserved for the direct employer. We invite you to listen to this podcast in which Fox Partners John R. Gotaskie, Jr. and Elizabeth D. Sigety discuss the ramifications of the NLRB’s ruling on the franchise industry.

Download the Changing the Joint Employer Standard Transcript.

• Dusty Franchise Agreements

Download the Dusty Franchise Agreements Transcript.

• Bad Idea: Ignoring Your Online Social Critics

In the brave new world of viral online communications, it is critical to stay in front all of those complaints coming at you and to deal appropriately and successfully with any negative online comments about your brand or business. In this podcast, John highlights some key strategies to effectively diffuse online criticism and avoid potential legal liability for rash responses.

Download the Bad Idea Transcript.

• What Landlords, Franchisees and Franchisors Should Know About Franchising.

Successful franchisors spend considerable time and resources helping their franchisees select what they anticipate will be successful locations based on a variety of factors such as demographics, road access, parking and household income in the local area. In this podcast, John highlights the protective mechanisms that successful franchisors often put into place to protect their investment of time and resources related to their franchise’s sites.

Download the What Landlords, Franchisees and Franchisors Should Know Transcript.

• Do You Have a Plan for Deploying Monitoring and Tracking Software? (If Not, the FTC May Want To Speak With You)

In this podcast, John explains why organizations (including franchise organizations) should have a clearly articulated plan – one that includes full disclosure to customers – for the deployment of any software that can collect data on customers. The FTC is closely scrutinizing computer and data security issues, even in the absence of new mandates from Congress, which could put companies at risk.

Download the Do You Have a Plan Transcript.

• Liquidated Damages Clauses – When Are They Enforceable?

In this podcast, John explains the enforceability of liquidated damages clauses and shares insight into how they are evaluated in court. He also discusses the recent case, LSI v. Roundup, which involved the termination of a franchisee.

Download the Liquidated Damages Clauses Transcript.

• An Overview of P2P Data Breaches

Data breaches are on the rise for companies both small and large – and authorities in Washington, DC, such as the Federal Trade Commission (FTC), are taking action. One type of breach that has become particularly bothersome to the FTC involves peer-to-peer, or P2P, networks. Join John as he discusses this growing concern in this podcast.

Download the P2P Data Breaches Transcript.

• Accidental Franchising

Did you know companies can unknowingly become franchisors without intending to franchise their business? In this podcast, John R. Gotaskie, Jr. discusses how accidental franchising can occur and what leaders of growing companies should be aware of. Join him as he talks through the potential benefits and risks of accidental franchising and lays out the state and federal regulations related to it.

Download the Accidental Franchising Transcript.

• Privacy and Franchising

Consumers express great concern regarding their online privacy and what companies and other “aggregators” of information are doing with the information they collect on the web. The stakes are high and come with substantial risks -- including a loss of consumer confidence in the brand, investigations from state and federal authorities and lawsuits from aggrieved parties -- if franchisors and other companies have incomplete policies and noncompliant practices. In this podcast, John covers the critical steps organizations can take to protect themselves in connection to their online tracking and collection activities.

Download the Privacy and Franchising Transcript.

• ADA-ES Victory

Partner John R. Gotaskie, Jr., who served as lead trial counsel representing ADA-ES, Inc., a Colorado-based air pollution emission solutions firm, discusses his victory in the U.S. District Court for the Western District of Pennsylvania, which awarded his client $12 million in a dispute with Calgon Carbon Corporation.

Download the ADA-ES Victory Transcript.

• Basics of Franchising

John covers some of the basic legal aspects of franchising, including issues of control, trademark and tax concerns, fees and agreements between franchisors and franchisees, state regulation and oversight and the all-important Franchise Disclosure Document.

If you prefer to download the transcript, click here.

• Social Media and Franchising

Social media has changed the way companies advertise their brand. In this podcast, John discusses the benefits and risks for franchisors and franchisees that use social media as a tool to promote their businesses and reach out to customers and other influential leaders of public opinion.

Download the Social Media and Franchising Transcript.

• Are Your Organization’s Restrictive Covenants Still Enforceable in Pennsylvania?

A published opinion from the Pennsylvania Superior Court has called into question the enforceability of some restrictive covenants in Pennsylvania. In the case, the court considered whether the Uniform Written Obligations Act, as adopted in Pennsylvania, permitted the enforcement of a restrictive covenant entered into after the beginning of employment but without the employer providing any additional consideration. In this podcast, John walks through the specifics of the case and explains why the court decided that such a restrictive covenant cannot be enforced.

Download the Restrictive Covenants Transcript.

• Fluctuating Standards for Pennsylvania’s Charitable Property Tax Exemption

In this podcast, John R. Gotaskie, Jr. and Rebecca L. Hagan discuss the fluctuating standards for Pennsylvania’s charitable property tax exemption.

Download the Fluctuating Standards Transcript.

• Do Not Call

John R. Gotaskie, Jr. details the specifics of the clarification in the Telephone Consumer Protection Act and explains why the FCC decided to further restrict the rules governing telemarketers.