Franchising Law: The National Law Review

Visitors to the National Law Review searching for the latest laws, legislation, and litigation surrounding franchising law, you can find up-to-date stories in the United States and internationally. Issues regarding substantial association with franchise and trademarks, unfair terms legislation, franchise taxes, or healthcare franchising, are among the many stories and news which is covered for visitors by the National Law Review.

Joint employer status can often affect liability claims when they are being litigated. The legal experts at the National Law Review cover the changing litigation surrounding the joint-employer standard coming out of the NLRB. Further, international law, or companies that operate in multiple states, or are multinational companies, are affected by franchise law in the United States, and international laws that are also binding on those companies. Different trade agreements, contract terms, and negotiations are also going to affect the manner in which franchises are handled, when cases are being litigated, or when terms are being decided upon between companies/organizations.

Other areas of law can also interact with how franchise law is litigated or settled. In immigration cases, where agencies are targeting a specific franchise, immigration laws may apply when determining a case’s outcome. Depending on the size of the franchise, and whether it’s bylaws and incorporating documents have different clauses or international provisions, are also areas that can greatly impact how certain cases will be litigated. Choice of forum clauses, choice of law clauses, and various other contractual obligations, terms, and implications, can greatly impact the area of franchise law for many organizations.

The National Law Review providers visitors with the latest news, stories, and litigation that is taking place in the area of franchise law. From the FTC’s Franchise Rule to learning about new franchises being opened, to contract terms being litigated, visitors will always find the latest details, and information, on the National Law Review.

For hourly updates on the latest in retail and franchises legal news, legislation, regulations & compliance, litigation, and corporate law news, be sure to follow the National Law Review Twitter feed and sign up for complimentary e-news bulletins.

Date	Title	Organization
7 Jan	FTC Contemplates Banning Non-Compete Covenants in Franchise Agreements	ArentFox Schiff LLP
7 Oct	Franchisor (Jim's Group – Dog Wash Division) To Pay Au$24,420 In Penalties	K&L Gates
5 Oct	NASAA Shuts Down Use of Acknowledgments and Questionnaires in Franchise Sales Process	Polsinelli PC
22 Sep	Eleventh Circuit Serves a Whopper of a Ruling on Franchisor’s ‘No-Poach’/‘No-Hire’ Agreement With Franchisees	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
14 Sep	Franchisors Need to Register by 14 November 2022	K&L Gates
1 Sep	California Bill Aimed at Providing Increased Rights to Fast-Food Workers Sent to Governor for Signature	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
4 Aug	The How, When, and Why of Franchise Termination in New Jersey	Stark & Stark
2 Aug	Case Update: Dwyer v Fredbar in the Court of Appeal	Squire Patton Boggs (US) LLP
18 Jul	Franchising and the New EU and UK Vertical Block Exemptions	Greenberg Traurig, LLP
22 Jun	McDonald’s Closure of Russian Locations Spotlights the Proper Way to Franchise Internationally	Stark & Stark
17 Jun	Franchisor Beware: Registered Trademarks Does Not Mean Impunity from Priority Local Use Challenge	Stark & Stark
15 Jun	Say It Ain’t So (Trader) Joe’s: Grocery Chain Workers File Union Petition	Barnes & Thornburg LLP
31 Mar	Massachusetts’ Franchisee Classification To Be Resolved Using Independent Contractor Test	ArentFox Schiff LLP
29 Mar	New MLB CBA to Allow Uniform Sponsorships	ArentFox Schiff LLP
10 Mar	California’s ‘FAST Recovery Act’: The Anticipated Impact on the Restaurant Industry, Franchise Industry, Jobs, and Food Prices	Greenberg Traurig, LLP
3 Mar	How Is International Franchising Affected by China’s Personal Information and Data Compliance Regime?	Greenberg Traurig, LLP
2 Mar	No-Poach Clauses in Franchise Agreements: The Saga Continues in 2022	Stark & Stark
31 Jan	Decoding the UGC and AICTE’s Notices on Franchising and Mis-Advertising for Online Degree Programmes	Nishith Desai Associates
26 Jan	Deferral Agreements – Considerations for Extending Relief to Troubled Franchisees	Stark & Stark
26 Jan	What to do When Your Franchisee Files for Bankruptcy	Stark & Stark
7 Dec	BREAKING NEWS – Full Stop on Federal Contractor Vaccine Mandate: Nationwide Injunction Issued	Jackson Lewis P.C.
12 Nov	The Supply Chain Pandemic Continues: What Has Changed and What to Expect for the Holiday Season	Norris McLaughlin P.A.
28 Oct	Federal Court Dismisses Case When Franchisee Association Fails to Satisfy Requirements to Establish Associational Standing	Foley & Lardner LLP
28 Oct	Flipping Your Business into the United States: Meet the Delaware C Corporation	Foley & Lardner LLP
29 Sep	California's Female Director Quota Law Is Now Headed For Trial	Allen Matkins Leck Gamble Mallory & Natsis LLP
23 Sep	Smart Supply Chains Using Smart Contracts	Foley & Lardner LLP
14 Sep	Franchise Issues Arising Out of the Upcoming Employer Mandates of COVID-19 Vaccinations	Polsinelli PC
18 Aug	The Intersection of Retail and NIL Statutes	Hunton Andrews Kurth
29 Jul	What the Proposed North Carolina Regulatory Sandbox Could Mean for Fintech and the Financial Services Community	Bradley Arant Boult Cummings LLP
26 Jul	Managing Multiple Bidders in the Sale of a Company	Mintz
20 Jul	European Distribution Rules Latest: Dual Pricing, Shared Exclusivity In; Map Policies Still Out	K&L Gates
16 Jul	Biden Administration Aims to Strengthen Competition Through Issuance of Sweeping Executive Order	Bradley Arant Boult Cummings LLP
11 Jun	Texas Senate Approves NIL Legislation to Keep Up with Other States in NIL Arms Race	Winstead
20 May	Intellectual Property: Top 5 Tips for Brand Protection	Katten
20 May	Stalemate at FTC Leads to Contested Merger Closing	Bracewell LLP
13 Apr	Supplier Alert: Key Changes in Ford’s New Terms and Conditions	Foley & Lardner LLP
11 Nov	Evolving Worker Classification Standards and the Future of Franchising	Polsinelli PC
5 Nov	Federal Court Denies Class Certification of 7-Eleven Franchisees in Misclassification Suit	Foley & Lardner LLP
5 Nov	Miles of Deceit: Protecting Yourself From Duplicitous Dealers Selling Out	Foley & Lardner LLP
5 Nov	Fresh Produce Delivered Right to Your Door…By Drone	Robinson & Cole LLP
22 Sep	US Department of Labor Proposes New (and Relaxed) Independent Contractor Test (US)	Squire Patton Boggs (US) LLP
22 Sep	Massachusetts District Court Rejects Employee Classification for Franchisees	Hunton Andrews Kurth
24 Aug	Franchising Update \| Parliamentary Joint Committee on Corporations and Financial Services: Main Changes from the Australian Federal Government Response	K&L Gates
24 Jul	The Rise of the Dollar Store	Hunton Andrews Kurth
30 May	Key Legal Considerations For Franchised Businesses Reopening During COVID-19	Barnes & Thornburg LLP
20 May	Third Circuit Rules Class Action Wage Claim Should be Arbitrated Under Franchise Agreement	Stark & Stark
30 Apr	Illinois’ New COVID-19 Shelter-in-Place Order: Top 10 Changes Employers Need to Know	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
3 Apr	CARES Act Paycheck Protection Program: What Franchisors and Franchisees Need to Know	Polsinelli PC
3 Mar	Time Is Money: A Quick Wage-Hour Tip on … Joint Employer Status Under the Fair Labor Standards Act	Epstein Becker & Green, P.C.
11 Feb	California Office of Tax Appeals Upholds Taxpayer Friendly "Drop and Swap" Case	Allen Matkins Leck Gamble Mallory & Natsis LLP
3 Feb	DBO Website Lists Central Locations For Service Of Process	Allen Matkins Leck Gamble Mallory & Natsis LLP
22 Jan	Brazil’s New Legal Framework for Franchising	Greenberg Traurig, LLP
22 Jan	January 2020 AB 5 Update: The California Supreme Court Will Likely Decide if Dynamex Is Retro in 2020	Greenberg Traurig, LLP
21 Jan	Department of Labor Clarifies that Franchising Does Not Make Joint-Employer Status More Likely under FLSA	Polsinelli PC
20 Jan	Saracens’ relegation and the knock-on effects	Squire Patton Boggs (US) LLP
13 Jan	Jägerbomb: An Intoxicatingly Accidental Franchise	Foley & Lardner LLP
13 Jan	Bank On It: Seventh Circuit Decision Turns On Investments In The Dealership	Foley & Lardner LLP
13 Jan	Beware The Repeat Player: Ninth Circuit Vacates Arbitration Award For “Evident Partiality”	Foley & Lardner LLP
13 Jan	The Cost of a Handshake: Federal Case Highlights the Trouble and Expense of Litigating Unwritten Agreements	Foley & Lardner LLP
13 Jan	Limits to the WFDL: Distributor Must Honor Forum Selection Clause	Foley & Lardner LLP
18 Nov	Texas Magistrate Denies Motion for Attorneys’ Fees Incurred in Seeking Confirmation of Arbitration Award	Carlton Fields
4 Nov	Weekly IRS Roundup October 28 – November 1, 2019	McDermott Will & Emery
28 Oct	How Can Brand Owners and Retailers Proactively Manage Their Property Portfolio Costs? [VIDEO]	Squire Patton Boggs (US) LLP
26 Sep	A Dark Day for Franchising: Ninth Circuit Reinstates its Misguided Vazquez Decision, Undermining the Franchise Business Model	Bryan Cave Leighton Paisner
24 Sep	AB5 Update: California Legislature Seeks Shake-Up of Gig Economy; Any Impact of CA Independent Contractor Laws on Franchisors Remains Unclear	Greenberg Traurig, LLP
20 Sep	California Statute Offers Dramatic Change to Independent Contractor, Franchise-Franchisee Relationships	Foley & Lardner LLP
3 Sep	After Reviewing the Arbitration Record, Court Enters Default Judgment Confirming Default Arbitration Award	Carlton Fields
13 Aug	Don’t Feel Bad for Protecting Your Franchise and Trademark Rights	Foley & Lardner LLP
5 Aug	Maryland Federal Court Denies Untimely Request to Vacate Arbitration Award	Carlton Fields
14 Mar	THE LATEST: DOJ Distinguishes ‘No-Poach’ Agreements	McDermott Will & Emery
11 Mar	Texas Supreme Court Closes the Door to Transactional Fraud Claims Based on False Representations That Conflict With an Agreement’s Express Terms	Polsinelli PC
13 Jan	The Illinois Franchise Tax	Horwood Marcus & Berk Chartered
24 Oct	National Labor Relations Board Released Proposed Rule to Undo Browning-Ferris	Stark & Stark
24 Sep	Antitrust Scrutiny of No-Poaching Agreements Continues to Pick Up Steam	Foley & Lardner LLP
24 Sep	Recent Decision Questions Use of No-Poach Clauses in Franchise Agreements	Epstein Becker & Green, P.C.
19 Sep	Franchisors Face Class Action Lawsuits & Government Enforcement over “No-Poach” Agreements	Stark & Stark
14 Sep	National Labor Relations Board Proposes New Joint-Employer Rule	Squire Patton Boggs (US) LLP
14 Sep	Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard	Polsinelli PC
14 Sep	NLRB Proposed Rule Will Redefine Joint-Employer Status –Rule Will Overrule Browning-Ferris and Require “Direct and Immediate Control”	Epstein Becker & Green, P.C.
14 Sep	NLRB releases draft joint employer rule rolling back Browning-Ferris	Barnes & Thornburg LLP
22 Aug	State Attorneys General Step Up Antitrust Probes of Franchise Industry Hiring Practices	Jackson Lewis P.C.
6 Aug	Germany’s first veto against a foreign investment under new FDI rules	Covington & Burling LLP
8 Jun	NLRB Confirms That It Intends To Proceed With Rulemaking On Joint Employer Standard	Sheppard, Mullin, Richter & Hampton LLP
20 May	Ohio & the Art Modell Law: Save the Columbus Crew!	Squire Patton Boggs (US) LLP
12 Jan	ICE Announces Enforcement Priorities, Raids Nearly 100 7-Eleven Stores	Jackson Lewis P.C.
12 Jan	ICE Raids on 7-Eleven Franchise Stores Result in 21 Arrests	Barnes & Thornburg LLP
15 Dec	Trends In Hotel Branding: Hyper-Specificity	Greenberg Traurig, LLP
8 Dec	New Labor Board GC Signals Overturning Obama-Era Rulings, But Anticipated Vacancies and Recusals Create Uncertainty	Sheppard, Mullin, Richter & Hampton LLP
13 Sep	Valuing the Older Hospitality Facility Can Be Complicated	Dickinson Wright PLLC
7 Sep	Blockchain Energizer - Volume 12: September 7, 2017	K&L Gates
7 Sep	Workplace Relations Risks to Franchisors and Holding Companies Rise	K&L Gates
13 Aug	Can You Have Too Many Coffee Shops?	Risk and Insurance Management Society, Inc. (RIMS)
17 May	New Arizona Law Releases Chokehold on Franchise Employment Status Dilemma	Dickinson Wright PLLC
15 May	Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress	Barnes & Thornburg LLP
7 May	Increased Franchisor Liability Likely Under New Laws: Franchisor Update May 2017	K&L Gates
21 Apr	New Antidumping and Countervailing Duty Petitions on Certain Cold-Drawn Mechanical Tubing	Faegre Drinker
25 Mar	The Week Ahead in the European Parliament – March 24, 2017	Covington & Burling LLP
17 Feb	British Columbia Franchise Laws Come Into Effect	Dickinson Wright PLLC
1 Feb	Must False Statement To Franchisee Be Made “In this state”?	Allen Matkins Leck Gamble Mallory & Natsis LLP
27 Jan	Franchisors: Don’t Forget About Insurance for Joint Employer Liability Claims	Barnes & Thornburg LLP
13 Jan	California Court Holds Passive Member Is Not “Doing Business” - O Frabjous Day!	Allen Matkins Leck Gamble Mallory & Natsis LLP
5 Jan	California FTB Schedules Interested Parties Meeting on Short Notice to Discuss Issues in the Regulations on Sourcing Income from Services and Intangibles	McDermott Will & Emery
20 Dec	Definition of Insanity? Wendy’s Shareholders File Derivative Action Based on 2015-16 Data Breach	Mintz
9 Dec	The Week Ahead in the European Parliament – December 9, 2016	Covington & Burling LLP
7 Dec	Health-chising: Starting-up a Health Care Franchise	K&L Gates
6 Dec	Unfair Terms Legislation is Here –Are Franchisors Ready for It?	K&L Gates
21 Nov	Roundtable on Sustainable Biomaterials Announces Revision Of Principles and Criteria	Bergeson & Campbell, P.C.
22 Aug	Franchisors Face Tough Choices When Confronted With US Department of Labor Involving Franchisees	Honigman Miller Schwartz and Cohn LLP
12 Aug	What Does Subway’s “Voluntary Agreement” with the US Department of Labor Mean for Joint Employer Status?	Epstein Becker & Green, P.C.
12 Jul	Sixth Circuit Tri County Decision Provides Much-Needed Clarity on “Successor” Provision in Ohio Franchise Law	McDermott Will & Emery
1 Jul	Electronic and Courier Delivery Coming to Ontario	Dickinson Wright PLLC
7 Jun	New York Attorney General Contends Domino’s Is a Joint Employer with Franchisees	Epstein Becker & Green, P.C.
21 May	Breaking News: Texas Comptroller Publishes Retroactive Rule Targeting IT, Pharmaceutical Retailers; Clock Running on Comment Period	McDermott Will & Emery
12 May	How To Revive Suspended Corporation in California	Allen Matkins Leck Gamble Mallory & Natsis LLP
11 May	Suspension By California Franchise Tax Board	Allen Matkins Leck Gamble Mallory & Natsis LLP
10 May	Corporate Suspension By California Secretary Of State	Allen Matkins Leck Gamble Mallory & Natsis LLP
6 May	New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers	Jackson Lewis P.C.
14 Apr	How Enforceable Are Your Non-Competition Covenants in Canada?	Dickinson Wright PLLC
14 Apr	Are Shareholders of a Corporate Franchisee Considered “Franchisees” Under Ontario’s Franchise Legislation?	Dickinson Wright PLLC
14 Apr	Change to Michigan Law Provides Some Protection for Franchisors	Dickinson Wright PLLC
14 Apr	Franchises: Dunkin’ Donuts Quebec Case Now Final	Dickinson Wright PLLC
12 Apr	Court Rules Dissolution of Cooperative Corporation Is a Process, Not a Flash	Allen Matkins Leck Gamble Mallory & Natsis LLP
31 Mar	Franchisee Can’t Work Its Way Out of Trademark Infringement and Breach of Contract Litigation on Jurisdictional Grounds	Proskauer Rose LLP
7 Mar	New Wisconsin Law Declares Franchisors Not Employer of Franchisee Employees	Michael Best & Friedrich LLP
3 Mar	Ohio Court of Appeals Upholds a Successor Manufacturer’s Termination of a Distribution Franchise	McDermott Will & Emery
15 Dec	Is Franchise Tax Board Argument Nothing More Than Blowing In Wind?	Allen Matkins Leck Gamble Mallory & Natsis LLP
3 Dec	Electronic Disclosure: Canadian Franchise Association Proposes Changes to Arthur Wishart Act	Dickinson Wright PLLC
14 Oct	British Columbia (Canada) Introduces Uniform Franchise Legislation, Could Take Effect in 2016	Dickinson Wright PLLC
2 Oct	President Signs E-Warranty Statute Amendment	Foley & Lardner LLP
17 Sep	Draft DOL Policy Lists ‘Economic Realities’ as Key OSHA Test of Joint Employer Status	Jackson Lewis P.C.
11 Sep	Broader Joint-Employer Test Leads to Teamsters Win At Browning-Ferris	Holland & Hart LLP
11 Sep	NLRB’s ‘Joint Employer’ Decision Could Lead to Labor Law Headaches for Franchisors	Dickinson Wright PLLC
3 Sep	Franchisor and Franchisee: Two Peas In A Pod (But What Will The NLRB’s Ruling Really Produce?)	ArentFox Schiff LLP
17 Aug	NLRB Denies McDonald’s Appeal of Motion to Dismiss Joint Employer Claims	Epstein Becker & Green, P.C.
7 Aug	New Joint Employer Doctrine and Hybrid Test Increase Possible Liability Under Title VII in Fourth Circuit	Steptoe & Johnson PLLC
23 Jul	Alberta, Canada, Changes its Laws on Guarantees	Dickinson Wright PLLC
22 Jul	Watch the Extra Step…When Crossing the Resale Exemption Path	Dickinson Wright PLLC
22 Jul	A View from Twin Peaks	Dickinson Wright PLLC
22 Jul	A New Paradigm in Canadian Franchise Law: The Dunkin’ Donuts Case	Dickinson Wright PLLC
13 Jul	New Texas Law Says Franchisors Generally Not Employers of Franchisees’ Workers	Jackson Lewis P.C.
5 Jun	NLRB Weighs-In on Franchise Joint Employers	Sheppard, Mullin, Richter & Hampton LLP
18 May	Joint Employer Status for Franchisors Sees Some Reprieve, But Not Enough Yet for Celebration	Foley & Lardner LLP
13 May	NLRB’s Division Of Advice Says Franchisor Not Joint Employer Under Current Or Proposed Tests	Squire Patton Boggs (US) LLP
16 Apr	Massachusetts Highest Court Holds Businesses Not Required to Permit Tipping Under State Law	Jackson Lewis P.C.
20 Mar	Legal Considerations for Homebuilder Franchises	Bilzin Sumberg
17 Mar	Franchise Agreement Transfer Provisions in the Hospitality Industry	Greenberg Traurig, LLP
25 Feb	Hotel Franchising Continues to Expand	Greenberg Traurig, LLP
27 Jan	AODA in Brief --Accessibility for Ontarians with Disabilities Act	Dickinson Wright PLLC
23 Jan	Navigating the Cyber Liability Storm – Part II	Dickinson Wright PLLC
23 Jan	Navigating the Cyber Liability Storm – Part I	Dickinson Wright PLLC