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Results: 1-10 of 25

Liquidated damages revisited

  • Wiley Rein LLP
  • -
  • USA
  • -
  • December 5 2012

In a lengthy and considered opinion, a U.S. District Court in Ohio recently denied a campground franchisor’s request for an award of liquidated damages against a terminated franchisee

Gangland judicial opinion is a reminder of liability for franchisees and their franchisors

  • Whiteford Taylor & Preston LLP
  • -
  • USA
  • -
  • December 5 2012

In Ford v. Palmden Restaurants, LLC, the Court of Appeals of California issued a strong reminder to both restaurant franchisees and their franchisors of their potential liability for criminal conduct that takes place on a restaurant’s premises

Pizza system deemed not a trade secret

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • November 29 2012

Franchisor, Little Caesar Enterprises, Inc., recently lost a motion for a temporary restraining order preliminary injunction against a former franchisee after the District Court of South Dakota found that it was unlikely to succeed on its claim that the system for producing "Hot-N-Ready" Pizzas was a "trade secret" under the South Dakota Trade Secrets Act

KFC franchise guarantors not subject to mint julep jurisdiction

  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • -
  • USA
  • -
  • November 2 2012

Franchise agreements are often signed by single purpose entities that are not income-tax-paying entities and that own only the franchised business for a particular location

Court rules for plaintiff franchisor on summary judgment

  • Gray Plant Mooty
  • -
  • USA
  • -
  • October 18 2012

In Six Continents Hotels, Inc. v. CPJFK, LLC, 2012 U.S. Dist. LEXIS 131675 (E.D.N.Y. Sept. 11, 2012), the franchisor of the Crowne Plaza Hotels system was awarded a large judgment against a terminated hotel franchisee that had failed to meet its financial obligations

Hotel franchisor challenges FTC's expanded enforcement efforts targeting franchise system's data security and privacy policies

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • October 3 2012

The Federal Trade Commission’s recent lawsuit against Wyndham Worldwide may mark the beginning of FTC enforcement actions targeting franchise systems through allegations of customer data security vulnerabilities in franchisors’ technology platforms or the platforms maintained by their franchisees

Seventh Circuit rules franchisee need not adopt new pricing policy for now

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 31 2012

The Seventh Circuit Court of Appeals has determined that a Steak N Shake franchisee in Illinois was entitled to a preliminary injunction to stop the implementation of a new Steak N Shake policy for menu pricing and promotions

Court grants franchisee summary judgment in dispute over franchisor’s attempt to enforce pricing and promotions policy

  • Gray Plant Mooty
  • -
  • USA
  • -
  • August 10 2012

Last month, the United States District Court for the Central District of Illinois granted summary judgment to a franchisee of five Steak N Shake restaurants in a contract dispute over the franchisor’s policy requiring all franchisees to “follow set menu and pricing (with the exception of breakfast items), and to offer all company promotions published.”

Dismissal granted in part and denied in part on franchise system distributor’s claims relating to E. coli outbreak in 2006

  • Gray Plant Mooty
  • -
  • USA
  • -
  • August 10 2012

McLane Foodservice, Inc., a regional distributor of raw produce to Taco Bell restaurants, was named as a defendant in several customer lawsuits arising out of a 2006 E. coli outbreak that was allegedly traced to lettuce served at the restaurants

Restaurant chain founder chooses FLSA exposure over franchise compliance

  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • -
  • USA
  • -
  • August 6 2012

Can a founder of a chain of restaurants be liable to an employee for unpaid wages even though he does not own the restaurant where the employee worked?

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