The New Jersey Courts: Where do franchise parties seek relief?
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. […]
Category: Franchise
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 […]
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. […]
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 […]