Manning, Fulton & Skinner, P.A.

Manning, Fulton & Skinner, P.A. Blogs

Latest from Manning, Fulton & Skinner, P.A.

  In 2020, most franchises experienced unprecedented disruptions in both franchise operations and development.  Franchisors should consider how to use their FDD update process to position their brand for success with both prospective and existing franchisees.  In this webinar, leading franchise attorney Ritchie Taylor shares actionable strategies to maximize success as we enter the new post-COVID franchise business cycle.  The program includes a discussion of how to address Item 19 financial performance representations during the…
Despite the challenges of COVID-19 for many franchise systems, franchisors can still be successful in supporting their current franchisees and recruiting new franchisees. In this webinar, Steve Beagelman, President & CEO of SMB Franchise Advisors, discusses the best practices for improved franchise development during the COVID-19 “new normal.” Franchisors must begin by ensuring that franchisees are receiving enough support because development relies on strong franchise owner validation. Franchisors need to lead in protecting the…
Data privacy is a rapidly developing area of law that can create significant compliance obligations for small, medium, and large companies.  Data privacy, or the right of individuals to control their personal information, is addressed by a patchwork of state and federal laws. Knowing which laws affect your business can be challenging, especially if you are not in a highly regulated industry like health care or financial services. CarlieThe key to general compliance with many…
One central benefit that franchisees seek from joining a franchise system is the leadership of the franchisor’s team. This team controls the brand standards, leads national marketing, gives advice and support, and is responsible for brand innovation and development. Item 2 of the Franchise Disclosure Document (“FDD”) discloses to prospective franchisees who these leaders are and their business experience. Item 2 also discloses who is involved in franchise sales and operations. However, under the requirements…
In 2020, banks had to contend with general new underwriting guidance in SOPs, COVID-19 specific underwriting guidance, and the rules about the Paycheck Protection Program (“PPP”). All of these circumstances impacted the availability of funding for franchisors and franchisees. Despite the uncertainties about the economy and trend towards more conservative lending, the good news is that banks are still issuing useful loans. In this webinar, Geoff and Sherri Seiber, the CEO and COO of FranFund
The COVID-19 pandemic has dramatically impacted business in 2020, from government stay at home orders that prevented operations to adjusted customer service capacity or additional safety procedures. Some of these changes to your franchise system may be what the FTC or states regard as “material”, meaning the change likely affects a prospective franchisee’s conduct or decisions with respect to the purchase of the franchise.  If a change is material, then the franchisor has an obligation
Businesses are increasingly defined by the technologies they use internally or that they offer to their customers; franchisors are no exception Technology is interwoven into the way that businesses think about themselves and the world. For example, Amazon famously declared itself first a technology company that “just happens to do retail.” Developments in technology distinguish companies from their competition and open new growth opportunities. Your franchise business likely depends of an array of systems to…
Items 5, 6, and 7 of a Franchise Disclosure Document (“FDD”) are all about money – how much the franchisor charges for the goods and services it provides franchisees before the franchised business opens, how much the franchisee will pay to the franchisor throughout the business relationship, and how much the franchisee will need to invest to open the business. After reading Items 5, 6, 7, the franchisee must understand how much things cost, how…
Your trademark is a critical asset in your franchise system. You work hard to cultivate the brand associated with the trademark and you carefully monitor how your franchisees and competitors use your trademarks. Registering your trademark with the U.S. Patent and Trademark Office gives you additional legal protections for this valuable intellectual property.…
How to Avoid Litigation in Franchising There is a host of issues that can arise in a relationship between a franchisor and a franchisee. If not properly addressed, some of these issues can mushroom into legal sparring or even full-blown litigation. Common issues include the enforcing of system standards, franchisees performing below their and/or the franchisor’s expectations, adapting to changes in the marketplace, diverging values and principles, or compliance with federal and state laws that…