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Franchise Law: Myth & Reality

Franchising is an American concept with global reach. By some measures, it accounts for 15-20 percent of all business activity in the United States. Yet law school courses in franchise law are rare and...

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Franchise Non-Compete Agreements: Mostly Unenforceable As Written

For the past several decades, courts in many jurisdictions have handed out injunctions like candy in franchise non-compete cases. This is, of course, dead wrong. Here is a great example from my case...

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What Happens to Franchise Owners When Their Franchisor Goes Out of Business?

For the past nine years, franchising has experienced annual growth across all sectors, with 733,000 franchise establishments employing 7.6 million employees.  The coronavirus  has rocked our economies...

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Franchisor Joint Employer Liability in a “Me Too” and COVID-19 World

Joint Employer liability is frequently the subject of much discussion. In California, the issue often arises in the wage-and-hour context—and is commonly litigated in the context of...

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In Franchising, Who Is The Employer, Who Is The Employee, And What Does It Mean?

Currently, the franchise industry is facing the question of whether the franchisor, the franchisee or both is the employer of those working at a franchise outlet. Of possibly greater significance is...

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