Log In / Register | Feb 9, 2012

NLRB Delays Requiring Employers to Post Rights to Unionize

Franchisees and other employers get a short extension of time before they have to comply with the controversial new rule.

Franchise Termination, Old-Style

Modern franchisees can have their franchise terminated for failure to "obey all laws" and be forced to take down their trade dress (brand signs). It turns out that old-style was not much different.

Most Important Franchise Cases of 2010

Looking back, 2010 was a year of significant changes in franchise law, and surprising results in litigation.  In our view, here are the most important cases.

Automobile Dealer Arbitrations

The automobile dealer arbitrations for GM and Chrysler are finished, and I believe they offer insight into how powerful a tool arbitration can be for franchisees (and franchisors).

Early Active Intervention

Mediation is often touted as the panacea for dispute resolution.  It's not, and it suffers a bit from idol worship.  I'm a mediation evangelist myself, but it's just a tool and it has many limits.

Bombthrowers and Lapdogs: When Franchisees Fight Each Other

Bombthrowers and lapdogs are the perjoratives usually flung in a fight among franchisees like that described in today's article on the Choice Hotel Advisory Council.

Faster and Cheaper: Kill the lawyers?

So if the dispute resolution system is broke in terms of serving franchise businesses, why can't we make it faster and cheaper? One easy target is lawyers.

The System Doesn't Work

How can he see he's got flies in his eyes if he's got flies in his eyes? (Orr to Yossarian in Catch 22) 

Franchise Dispute Resolution Blog

This will be a blog about best practices for resolving franchise disputes. I'm professionally interested in this as I've been a trial lawyer representing franchisors, franchisees, and franchisee associations for 25 years, and I've been a mediator for 20 years.