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Incorrect execution could prove fatal
- Norton Rose LLP
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- United Kingdom
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- August 25 2009
A recent UK decision highlights the importance of finalising and executing documents in the correct manner to ensure the documents cannot later be deemed to be invalid
Highlights from the new franchise rule
- Hunton & Williams LLP
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- USA
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- February 1 2007
On January 22, 2007, the Federal Trade Commission (the “FTC”) announced its adoption of a revised Trade Regulation Rule, “Disclosure Requirements and Prohibitions Concerning Franchising” (the “New Rule”
China introduces new commercial franchising regulations: a step in the right direction
- Hogan Lovells
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- China
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- May 24 2007
On February 6, 2007, the State Council issued the Regulations on the Administration of Commercial Franchising which will come into force as of May 1, 2007 and supersede the Measures on the Administration of Commercial Franchising issued by the Ministry of Commerce (MOFCOM) on December 30, 2004
Grant of nonexclusive trademark license bars chapter 11 franchisee’s assumption of franchise agreement
- Wiley Rein LLP
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- USA
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- May 25 2007
In a case of apparent first impression, U.S. District Court Judge Alan S. Gold recently held in In re Wellington Vision, Inc., No. 06-80446, __ B.R. ___, 2007 WL 762398 (S.D. Fla. Feb. 20, 2007), that a franchisee in chapter 11 cannot assume (i.e., retain) a franchise agreement that grants a nonexclusive trademark license, leaving the franchisor free to terminate the agreement
Amended FTC Franchise Rule introduces new equivalency standard for financial statements
- Osler, Hoskin & Harcourt LLP
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- Canada, USA
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- February 26 2008
The Amended Federal Trade Commission (FTC) Franchise Rule (the Amended Rule), which came into effect in the U.S. in July 2007, offers a welcome change for Canadian franchisors looking to expand into the lucrative U.S. marketplace
Court confirms non-competition covenants never presumed to be enforceable
- Osler, Hoskin & Harcourt LLP
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- Canada
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- February 26 2008
In its November 2, 2007 decision in W. A. Bakery Franchising Ltd. v. Canam Advertising Ltd and Raphi Shram (WA Bakery), the Ontario Superior Court of Justice addressed the issue of the enforceability of a post-term non-competition covenant and the standard to be applied in deciding whether to grant an interlocutory injunction
Franchisee may rescind agreement if franchisor fails to provide disclosure document on renewal
- Osler, Hoskin & Harcourt LLP
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- Canada
- -
- February 26 2008
In the July 5, 2007 decision in MDG Kingston Inc. et al v. MDG Computers Canada, et al the Honourable Madam Justice H.K. MacLeod of the Ontario Superior Court of Justice granted the franchisee’s motion for summary judgment in part
Supreme Court again reaffirms primacy of arbitration
- Wiley Rein LLP
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- USA
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- March 7 2008
Last month, a nearly-unanimous (8-1) United States Supreme Court fired the latest salvo in its continuing battle with the states over the Federal Arbitration Act (FAA
New FTC franchise rule phase-in period
- Wiley Rein LLP
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- USA
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- March 7 2008
Less than four months remain before the July 1, 2008 deadline for all franchisors to have rewritten their disclosure documents to incorporate the changes required by the new Rule
Would you like fries with that Picasso? The international franchising of world class museums
- Sheppard Mullin Richter & Hampton LLP
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- Global, USA
- -
- January 29 2009
Decades ago, profit-driven business ventures such as McDonald's paved the way for international franchising bringing the Big Mac to over 119 countries worldwide
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