by kladmin | Apr 9, 2020 | Business, Franchise, Real Estate
All business people are looking to their liability exposure during this period of national emergency caused by the COVID-19 pandemic. When reviewing your contracts (be they leases, franchise agreements, etc.), look for a force majeure clause. This is the term which...
by kladmin | Feb 26, 2020 | Franchise
The New Jersey Legislature enacted the FPA in 1971 (codified at N.J.S. 56:10-1). The Act’s focus was to address concerns raised by the automobile dealer industry. The Legislature’s goal was to level the playing field and protect dealers from aggressive manufacturers....
by kladmin | Jan 24, 2020 | Franchise
The issue of Franchisor’s liability for Franchisee’s legal obligations has been frequently addressed in cases and commentary throughout this blog. The following case falls in to this Joint-Employer category. Issue: Is the Franchisor liable for Franchisee’s violations...
by kladmin | Dec 20, 2019 | Franchise
This is a further installment to a long-running blog series on the National Labor Relations Board’s hot and cold relationship with the joint-employer standard, which was first implemented by the Obama Administration’s NLRB. This week’s decision by the Board to vacate...
by kladmin | Sep 26, 2019 | Franchise
If your franchise relationship hits the rocks, where do you go for relief? How do you even start the process? The first step is always to review the Franchise Agreement. Why? Because the agreement will likely have terms requiring Alternative Dispute Resolution (i.e....
by kladmin | Jul 26, 2019 | Franchise
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 this trend, and whom does it benefit? In my opinion, the shorter term is not beneficial to the...