legal | BlueMauMau

Current Problems with Arbitration Clauses in Franchise and Other Agreements – PART 1

Posted Tue, 2010/03/09 - 10:21 by RaymondMcKenzie

I frequently tell my franchise and business clients to be wary of automatically including an arbitration clause in a franchise agreement or other contract they execute. Several years ago it was savvy for a business owner or franchisor to include mandatory arbitration in their agreements.

CFO Charged with Stealing $429K from Dunkin’ Franchise

Posted Mon, 2010/03/08 - 20:43 by BMM Staff

LONG ISLAND, N.Y. – The former chief financial officer of a Dunkin' Donuts master franchise has been charged with stealing nearly a half-million dollars from it, according to an announcement today by Kathleen Rice of the Nassau County district attorney's office.

Burger King Lets Franchisees Have it Their Way on Soda Rebates

Posted Fri, 2010/03/05 - 21:37 by Janet Sparks

ATLANTA – The National Franchisee Association, representing over 90 percent of all Burger King franchisees in the US, has settled two class action lawsuits with franchisor Burger King Corp. (NYSE: BKC) and its two soft drink distributors, Coca Cola and Dr Pepper.

Supreme Court Rules against Shell Oil Franchisees

Posted Wed, 2010/03/03 - 18:33 by Janet Sparks

Supreme Court Justice Samuel Alito ruled Tuesday that Shell Oil dealers in Massachusetts cannot sue their franchisor under the Petroleum Marketing Practices Act, which restricts franchisors from terminating gas station franchise agreements.

Gripe Site Prevails in Court

Posted Wed, 2010/03/03 - 16:37 by Dave Tanaka

A U.S. district court judge has ruled that the First Amendment of the U.S. Constitution still protects the people's right to free speech in the case of an online gripe site and the company that was its object.

Franchising Code Changes Finalised

Posted Wed, 2010/03/03 - 03:53 by Ray Borradale

MP Craig Emerson CANBERRA: The Minister for Small Business in Australia has released an outline of changes to the Franchising Code of Conduct. Franchisees will be denied reviewing the detailed amendments until they are published by the ACCC.

The Commonwealth Ombudsman, the ACCC and Bakers Delight

Posted Mon, 2010/02/22 - 05:16 by Ray Borradale

In Australia the Commonwealth Ombudsman investigates complaints relating to alleged non-performance of government agencies. In this instance the Ombudsman has received a complaint that the ACCC’s investigation into Bakers Delight [COBS in North America] was ‘flawed and lacked procedural fairness’.

Judge Grants Summary Judgment to Super 8 Franchisees

Posted Fri, 2010/02/19 - 17:32 by Janet Sparks

SOUIX FALLS, S.D. Federal Judge Lawrence L. Piersol signed on Tuesday an order granting and yet denying in part the motion for summary judgment filed on behalf of 160 franchisees, and denying Super 8 Motels’ motion for summary judgment entirely.

Franchise Renewals: They've Got You Coming and Going

Posted Fri, 2010/02/19 - 00:41 by Jeffrey Goldstein

Renewals have always been a hot topic in the franchise world. Not surprisingly, most, but not all, of the legal history on renewals shows franchisees to be the definitive losers.

What If the Franchisor Refuses to Negotiate?

Posted Thu, 2010/02/18 - 11:25 by Keith Kanouse

Not all franchisors are enlightened to the fundamental truth that the long-term vitality of franchising depends on the mutual success of franchisors and all of their franchisees. Rather, most franchisors, particularly those who are large and mature, take the position: "It's my trademark, I can do what I want, when I want!"

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