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In November 2016, the SBA announced a streamline of the SBA-backed lending procedures for many franchisors. This process was refined in February 2017 and again in October 2017, and the latest round of revisions is set to take effect on January 1, 2018. Most notably, there is a new SBA “registry” (the “SBA Franchise Directory,” maintained by the SBA itself) that will provide a centralized list of every franchisor whose

In a helpful step for franchisors, the National Labor Relations Board voted 3-2 on December 14, 2017,to overrule their prior decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”), and return to the standard that had governed issues of joint-employer liability before Browning Ferris. Moving forward, parties will be considered joint employers under the National Labor Relations Act (NLRA) if there is proof that one has directly and immediately exercised control

FisherZucker partner Joe Dunn was part of the IFA taskforce charged with addressing how the new standard alters the way in which franchisors can recognize initial franchise fees in their audited financial statement.  After much consultation with the SEC and the Financial Accounting Standards Board (FASB), which governs auditing standards in the United States, we’re pleased to say that we’ve obtained some helpful clarity and guidance. Under the present standard,

Senior partner from Fisherzucker represented Mister Softee franchise chain. http://www.pressofatlanticcity.com/news/wildwood-mister-softee-stand-shuts-down-amid-lawsuit-second-stand/article_c6e287e7-57c4-5d1b-bf52-5016fc7ee191.html

Summing up the analysis of world class franchises very well is Lane Fisher, partner at FisherZucker, LLC, in Philadelphia and member of the IFA Board of Directors.

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At the beginning of every franchise relationship, even if everything starts on the best of terms, it is always important to think about how you might handle any issues that may arise.  If a franchisee later becomes disgruntled, how is your system prepared to respond? In the franchise context in particular, before jumping to expensive litigation, the franchisor should consider alternative dispute resolutions in order to find a resolution. As

Ever since eBay, Inc. v. MercExchange, L.L.C.in 2006 and Winter v. Nat. Resources Defense Council, Inc.in 2008, the United States circuit courts appear to be split over whether a franchisor has a presumption of irreparable harm if trademark infringement exists when seeking an injunction.  In the years following these two cases, some circuits have decided to abandon the presumption altogether while some have kept it. Due to this circuit split

FIRM OVERVIEW: Fisher Zucker LLC is a full-service franchise law firm with a national practice dedicated almost exclusively to franchise, distribution and licensing matters. The firm has offices in Pennsylvania and New Jersey. Its franchise lawyers have extensive experience in pre-litigation counselling, litigation, arbitration and mediation in trademark infringement, non-compete, antitrust, collections, underreporting and encroachment claims. In business transactions, its clients look to the firm to overcome obstacles and close

Lane Fisher Managing Partner, Fisher Zucker & William Graefe Jnr Partner, Fisher Zucker recognized as 2 of the 20 keenest legal minds in global franchising. See full details here. http://www.globalfranchisemagazine.com/advice/20-legal-eagles

                In most franchise relationships where the franchisee is an LLC, corporation or other business entity, the franchisor will require the individual or corporate owners of that entity enter into a form of guarantee whereby such owner(s) agree to: personally guaranty the monetary and other obligations of the franchisee entity under the franchise agreement; and be personally bound by the obligations and covenants