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.), […]
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 […]
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: […]
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 […]
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. […]
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 […]
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 […]
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 […]
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. […]
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 […]
A short conversation now can prevent an expensive dispute later. Schedule a consultation with Kevin Kilcommons.
