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...
by kladmin | May 16, 2019 | Franchise
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 about their chosen franchisor, which can lead them to foolishly spend...
by kladmin | Mar 1, 2019 | Franchise
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 had lost his room key and was requesting a replacement. The assailant then...
by kladmin | Jan 3, 2019 | Franchise
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. Boiled down to its essence, the doctrine holds that if a Franchisor exerts...
by kladmin | Dec 20, 2018 | Uncategorized
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 I have been on the losing end of motions — where there is no joy! This...