What’s the Deal with Five Year Franchise Terms?
In the past few years I have noticed a trend toward five year franchise terms in the Franchise Agreements, as opposed to the traditional ten year terms. What is driving […]
Author: kladmin
Franchise Life Hacks: Due Diligence
The franchise business model is a very solid, time-tested vehicle to prosperity – if approached properly! However, far too many investors, in my experience, make wrong or poorly informed assumptions […]
Franchisor – Franchisee Control (Hospitality Industry)
A hotel patron was sexually assaulted in her room. The assailant, another registered guest, obtained the room key from the front desk manager during the night, whom assumed the assailant […]
Joint Employer Doctrine Clarified by Court of Appeals
Regulars to this blog will observe that the control issue within franchising is a running theme and involves the Joint Employer Doctrine, which I discussed and updated in previous articles. […]
Complaint Dismissed Over Nonspecific Allegations/ Drafting Tips
This case summary is a cautionary tale to practitioners appearing before the federal bench on franchise matters. Let me begin by saying that I empathize with plaintiff’s counsel here, because […]
Court Denies Dunkin’s Cross-Default Termination Remedy
In 2017, I briefed a decision from the same action. See, https://www.kilcommonslaw.com/franchise/3rd-circuit-upholds-grant-of-summary-judgment-in-favor-of-franchise-cancellation-due-to-fraud-by-the-franchisee/ In the previously reported summary judgment matter, the 3rd Circuit upheld the District Court’s ruling granting Dunkin’s application […]
Denied Franchise Applicant was Not Required to Arbitrate
Plaintiff filed an online application with Subway’s seeking to become a Franchisee. The application included the following term: “I agree that the arbitration will be administered by either the American […]
Franchisee Employee’s Class Action Survives Motion to Dismiss
Franchisee’s employee sought a job change and applied to a nearby McDonald’s company-owned (McDonald’s Operating Companies or “McCoOp”) restaurant.* After applying and being interviewed, the Plaintiff’s application was turned-down due […]
Federal Rule 11 Sanctions Levied in Patent Action
This decision serves as a cautionary tale for franchisors whom act aggressively and rashly in the protection of its IP. Here, Sub Zero sued a Louisville, Kentucky, ice cream business […]
When the Franchisee is Required to Upgrade POS Tech
This decision arises from a dispute centered upon the Franchisee’s refusal to upgrade a Point of Sale (“POS”) system, claiming that the Franchisor’s POS replacement was inferior and not suited […]