Alternative Dispute Resolution: Striving for Open Communication between Franchisor and Franchisee

Alternative Dispute Resolution Striving for Open Communication

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

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How Franchisors can Prove Irreparable Harm in an Uncertain Legal Landscape

How Franchisors can Prove Irreparable Harm in an Uncertain Legal Landscape

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

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Personal Guarantee… Don’t Leave Home (and Go International) Without It!

                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

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Fisher Zucker Attorney Presents at the International Franchise Association’s 50th Annual Legal Symposium

Fisher Zucker attorney Max Staplin has been selected to present at the 50th Annual International Franchise Association (IFA) Legal Symposium on May 7-9, 2017, at the JW Marriott in Washington, D.C.  Max will be presenting on the topic of franchise system changes and has collaborated with Andraya Frith of Osler, Hoskin & Harcourt LLP to prepare an article on the topic.  The article, titled “Ch-ch-ch-ch-changes: Implementing System Changes, Upgrades and

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Clearly Worded Contracts Help to Prevent Litigation Related to Franchise System Change

Clearly Worded Contracts Help to Prevent Litigation Related to Franchise System Change

                  As franchise systems grow and expand, franchisors often feel the need to implement various changes such as altering distribution channels, changing product offerings, modifying design or architecture of franchise locations or introducing technology upgrades.  These types of changes can be perceived as disruptive to franchisees who have grown comfortable with the established franchise system.  If the system change is not clearly

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Fisher Zucker LLC Promotes Two Attorneys to Firm Partnership

Fisher Zucker LLC Promotes Two Attorneys to Firm Partnership

Senior Associates David J. Allsman and William R. Graefe, III join Leadership Team to Support Firm’s Growth and Expansion Fisher Zucker LLC, a full-service law firm dedicated to franchise, distribution and licensing, announces the promotion of David J. Allsman and William R. Graefe, III to partner. Allsman and Graefe each have more than a decade of experience handling matters specific to the unique needs of the franchise community, and are well-positioned

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One Size Does Not Fit All: Franchisors Need to Recognize the Differing Operational Support Needs of Multi-Unit Franchisees

One Size Does Not Fit All: Franchisors Need to Recognize the Differing Operational Support Needs of Multi-Unit Franchisees

Franchisors, as they grow and add multi-unit and sophisticated franchisees, need to retool how they provide operational support.  Specifically, franchisors need to fashion the support that they provide and tailor it to the individual needs of the franchisee.  While mom and pop franchisees often need hand holding in the minutia of the business, more sophisticated professional franchisees such as highly sought after experienced multi-unit franchisees need benchmarking, data, and best

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Franchisor’s Need to Maximize Their Franchisee Relationships

One Size Does Not Fit All: Franchisors Need to Recognize the Differing Operational Support Needs of Multi-Unit Franchisees

As the landscape becomes ever more competitive, franchisors need to maximize their franchisee relationships more than ever to drive system and unit profitability.  The benchmarking and sharing of data and best practices is critical to this effort.  However, it’s not enough to merely check the box, franchise leadership need to get the most out of the data.  This involves the franchisor providing engaging, and useful, leadership updates and carefully listening

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President Trump Appoints Acting Chairman of the National Labor Relations Board

President Trump Appoints Acting Chairman of the National Labor Relations Board

President Trump has named Philip A. Miscimarra as Acting Chairman of the National Labor Relations Board, replacing former Chairman Mark Gaston Pearce. As Chairman, Miscimarra may issue rulings regarding the National Labor Relations Act, so franchisors should seek to remain informed on any decisions that may impact their status under joint employment laws. Miscimarra served a Board Member of the NLRB since August 7, 2013, after having been nominated by

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For Restaurant Concepts, the Customer is Always Right… Even If They’re Disruptive

For Restaurant Concepts, the Customer is Always Right… Even If They’re Disruptive

A successful franchisor understands that keeping up with the ever-evolving needs and wants of the consumer contributes crucially to the company’s longevity. However, while some changes in taste are simple to identify and implement, others may require a larger, more deliberate shift in business strategy. The Boston Consulting Group has recently cautioned restaurant operators and franchisors of the impending disruption caused by third-party delivery services. Reflective of consumers’ constant desire

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