The franchising concept is relatively new to China. In fact, as recently as the mid-1990s, the Chinese language didn’t even include a direct translation of the word “franchise.” Nevertheless, in recent decades, Western franchises have been proliferating in China like flowers after a spring shower. Although fast-food chains such as McDonald’s, KFC, and Starbucks have been particularly successful, franchises in other industries have also experienced success. The market certainly looks inviting since China’s middle class…

One of my favorite client stories of all time took place about five years ago. My client, Gretchen, was 97 years old, had a driver’s license for 75 years, and got into her very first car accident. She was driving a friend to church and ran into a parked car. The very next morning her “friend” became a plaintiff, having suffered some minor bruises and scrapes. The plaintiff was asking for $150,000 for her pain and…

Defamation or Free Speech? If you own a business, chances are that you will receive a negative review every now and then. However—what if the post is blatantly false or defamatory, and attempts to contact the poster have failed? It could be time for legal action.  When considering hiring a lawyer to assist with the take-down, try to avoid lawyers who jump into sending a cease and desist letter, as that can backfire. An effective attorney can…

Legal differences between marriage and stable partnership according to Catalan legislation. This article does not pretend that people get married or formalize their relationship by means of a deed of constitution of a stable couple, but simply to highlight two existing differences in the regulations applicable here in Catalonia which is the Codi Civil de Catalunya. In this way, the object of this article is a small approximation to the legislative differences that occur in Catalonia…

Last week, California Gov. Gavin Newsom signed Assembly Bill 5 into law. The bill forces employers to classify gig workers as employees and may force companies like Uber and Lyft to remake their business models. AB5 was introduced by Assemblywoman Lorena Gonzalez earlier this year to codify a recent Supreme Court decision (the Dynamex case) into law. Under AB5, which will go into effect on January 1, 2020, a worker will be considered an “employee” rather than…