Fourth Circuit serves franchisors a double helping of arbitration and litigation
Many franchisors spend considerable time and resources analyzing whether to include a mandatory arbitration provision in their franchise agreements in hopes of warding off franchisees’ class action lawsuits and avoiding costly and drawn-out litigation. Such efforts are now even more complicated, at least in
Over the past few years, the health care industry has really taken a hit. There have been changes in the delivery of health care, reductions in payments for services and increasing regulatory burdens. These developments have forced health care entrepreneurs, investors and providers to think outside of the box and explore opportunities to open and
Today the Office of the General Counsel of the National Labor Relations Board (“NLRB”) took its next step in the investigation of labor practices within the McDonald’s franchise system and issued consolidated complaints against McDonald’s franchisees and the franchisor – McDonald’s USA, LLC on the theory that the franchisor is a joint employer with its
Although most prominent for its overhaul of national healthcare insurance rules, as part of its overall dedication to the improvement of American health, the Patient Protection and Affordable Care Act (“ACA”) also mandated regulations governing food labeling requirements in an effort to promote conscious, and hopefully healthier, food choices by American consumers. As its core
On September 16, 2014, the Franchise and Business Opportunity Project Group of the North American Securities Administrators Association (“NASAA”) adopted a Multi-Unit Commentary (“Commentary”) that affects the disclosure of multi-unit franchise development, including traditional area development, subfranchising and area representative arrangements. This guidance must be adopted by franchisors within 120 after the fiscal year end
In a closely watched case with far-reaching implications, the California Supreme Court determined that Domino’s Pizza, the franchisor, should not be held liable for the alleged sexual harassment by an employee of one of its franchisees. The lengthy, well-reasoned decision gave great weight to the contemporary realities of the franchise business model and the unique
In a decision that could have far-reaching legal implications for franchisors, on July 29, 2014, the General Counsel of the National Labor Relations Board (“NLRB”) ruled that McDonald’s was a joint employer of its franchisees’ employees. This decision stems from allegations that McDonald’s and its franchisees violated employees’ rights following protests pertaining to wages and
John Baer and his co-authors, Anders Fernlund – NOVA, Susan Grueneberg – Snell & Wilmer, LLP, and Jane LaFranchi – Marriott International, Inc., discuss the challenges a non-U.S. franchisor will face in entering the U.S. Market in the article, “Taking the Leap: Bringing a Foreign Brand to the United States,” published by the International Journal
On Monday, May 5, 2014, Doug Neville will be presenting, “The Affordable Care Act and Immigration: What Every Franchise Lawyer Needs to Know,” at the 47th Annual IFA Legal Symposium in Chicago, Illinois. Doug and his co-presenters will discuss what affect the Affordable Care Act (ACA) will have on franchisors and franchisees, best
On Friday, April 11, 2014, Dawn Johnson will discuss some of the surprising ways that Big Data has impacted cases and identify strategies for using Big Data to your advantage while avoiding costly pitfalls in her presentation, “Big Data: Opportunities and Challenges in Litigation,” at the American Bar Association Petroleum Marketing Attorneys’ Meeting. Greensfelder