A bill introduced this month in the Florida Legislature threatens to fundamentally shift the balance of franchise relationships in the Sunshine State. SB 750, deceptively titled “Protect Florida Small Business Act,” represents the most expansive, invasive and burdensome franchise relationship
Franchise Law Insider
News and Insights on Franchise Law
Franchise Law Insider, published by Quarles & Brady LLP, focuses on legal developments and regulatory issues affecting franchising in various jurisdictions. The blog covers amendments to franchise laws, disclosure requirements, registration procedures, and compliance obligations for franchisors and franchisees. It also addresses international franchising topics, including country-specific regulations and market entry considerations in places like Cambodia, Germany, Laos, and Indiana in the U.S. The blog discusses intellectual property rights, contract law, and enforcement matters relevant to franchise agreements, as well as practical guidance on navigating franchise registration and disclosure obligations under different legal frameworks.
Latest from Franchise Law Insider - Page 2
Should Franchisors be Concerned with the McDonald’s Wage Deal?
McDonald’s Corp. recently agreed to pay $3.75 million to settle a lawsuit filed by workers of one of its franchisees. Stop the presses! Isn’t that the opposite of what McDonald’s should be doing? Isn’t McDonald’s a leading player in fighting…
Good News for Franchisors: Franchisors Not Joint Employers in Wisconsin
On March 2, 2016, Wisconsin Senate Bill 422 was signed into law. This bill clarifies that a franchisor is not the employer of a franchisee’s employees under several areas of Wisconsin law: unemployment insurance, worker’s compensation, Wisconsin’s wage and hour…
Franchisors: Take Note of New Joint Employment Guidance
The Department of Labor (“DOL”) has weighed in on the joint employer issue, releasing an Administrator’s Interpretation (“AI”) setting forth the DOL’s position as it relates to joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and…
NLRB Finds No Joint Employment Relationship In First Test Since Browning-Ferris
The National Labor Relations Board (“NLRB” or the “Board”) Region Five Director (located in Baltimore) was recently asked to decide whether an environmental remediation contractor was a joint employer with its employee staffing firm, in the Green JobWorks LLC case.…
The Importance of Growing an International Trademark Portfolio
In today’s global economy, it is increasingly important for companies to strategically develop and maintain an international trademark portfolio. Effective trademark portfolio management is a key factor in maintaining the rights and value of an company’s intellectual property. An effective…
Trademark License Quality Control: Not Too Much, Not Too Little – Just Right
When a trademark or service mark owner grants the right to use its mark to a third party, a license arrangement is typically created. The essential part of that arrangement is that the mark owner exercise quality control over the…
While You Were on Vacation—FTC Issues “Statement of Enforcement Principles Regarding ‘Unfair Methods of Competition’ Under Section 5 of the FTC Act”
Franchisors should be aware of the “Statement of Enforcement Principles Regarding ‘Unfair Methods of Competition’ Under Section 5 of the FTC Act” that was issued in August, representing the first formal policy statement regarding the FTC’s standalone authority under the…
Franchisors Take Note: FTC’S Authority to Regulate Corporate Data Security May Affect You
By Greg Everts
The Third Circuit Court of Appeals recently upheld the Federal Trade Commission’s power to regulate corporate privacy and data security procedures under the Federal Trade Commission Act. Wyndham Worldwide was hit by three separate hacker attacks in 2008 and 2009, which…
Is Your Franchise System Due For A Legal Audit?
By James Ullman
In the franchise world, the old adage “if you’re not moving forward, you’re falling behind” applies. Franchise systems cannot remain viable and healthy without consideration of new products and services which add additional opportunities for profit, thereby enhancing brand strength.…