Franchisors/Franchisees

Franchise business concept , businessman hand choose wood blog with franchise marketing.

Franchise Law 101: FAQs

by Marisa Rauchway in Food & Beverage, Hotel Development, Legal. Posted December 21, 2023

1. What laws govern the franchise relationship? Franchising is governed by a complex set of federal and state franchise laws. On the federal level, the FTC requires – with limited exceptions – franchisors to provide a Franchise Disclosure Document (FDD) to those seeking to purchase and open a franchise anywhere in the United States. FDDs are ...

Legal Issues You Might Not Know About Canada

by Cassels Brock in Legal, Lodging. Posted October 20, 2020

FRANCHISE LAWSimilarly to the United States, Canada has pre-sale franchise disclosure laws in six of the 10 provinces in the country, each of which require that a “franchise disclosure document” or “FDD” be provided to a prospective franchisee at least 14 days before a franchise agreement is signed or any consideration is paid in respect ...

Franchisees, Subsidiaries, and Affiliates Beware: California’s New Privacy Law May Apply To You, Too

by Usama Kahf in Legal, Technology. Posted January 30, 2020

Many small or solo franchisees, subsidiaries, and affiliates of larger businesses may think the California Consumer Privacy Act (CCPA), does not apply to you because you don’t meet one of the three threshold criteria. Your annual revenue is under $25 million, you do not annually collect the personal information of 50,000 or more California residents, households or ...

Top Canadian Legal Issues for Brands & Hospitality Companies (Legal Issues You Might Not Know About Canada)

by Cassels Brock in Legal. Posted October 22, 2019

FRANCHISE LAW Similarly to the United States, Canada has pre-sale franchise disclosure laws in six of the 10 provinces in the country, each of which require that a “franchise disclosure document” or “FDD” be provided to a prospective franchisee at least 14 days before a franchise agreement is signed or any consideration is paid in ...

Hospitality Case Review: The Top 100+ Hospitality Cases That Impacted Us in 2018

by Karen Morris in Legal. Posted June 20, 2019

Written by Karen Morris, J.D., LL.M. and Diana S. Barber, J.D., CHE, CWP ADA/Standing1. Brito v. Wyndham Hotels and Resorts, LLC, 2018 WL 317464 (D. Colo., 01/08/2018). Plaintiff is a paraplegic and requires the use of a wheelchair to ambulate. While at defendant hotel he encountered multiple violations of the Americans with Disabilities Act (ADA) ...

Franchisors: Protecting Trade Secrets Under Texas Law

by S.L. Owens in Food & Beverage, Insurance & Loss Prevention, Legal. Posted May 18, 2017

Franchisors frequently face this common scenario: upon termination or expiration of a franchise agreement, the franchisee leaves the system with the franchisor’s confidential information and trade secrets and – worse – attempts to use that information in a competing business. Confidential information – including secret recipes, proprietary processes and customer lists – is the lifeline ...

Joint Employment Concerns Grow for Franchisors

by Jess A. Dance in Hotel Development, Human Resources. Posted March 29, 2016

Recent guidance issued by the Department of Labor ensures that, like 2015, joint employment will remain a hot topic for franchisors in 2016. Last year, the National Labor Relations Board (NLRB) captured the full attention of the franchise industry by “restating” the standard for finding joint employment in Browning-Ferris Industries of California, Inc., 362 N.L.R.B. ...

Hospitality Litigation: Asset Managers, Hotel Operators and Franchisors

by Richard Barrett-Cuetara in Hotel Development, Legal, Lodging. Posted June 25, 2015

Originally published on HotelExecutive.com In the hotel industry, the myriad of complex business relationships also creates legal land-mines for the unwary. In that regard, hotel asset managers, hotel operators and franchisors should be extremely mindful of their legal obligations to their client, the owner of the hotel. Even if the hotel is a single asset, ...