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Log In / Register | Sep 9, 2010

Investigative News

Obama Signs Act Protecting American Bloggers

Member | Don Sniegowski | Aug 21 | legal

WASHINGTON — On August 10 President Barack Obama signed the Speech Act, which shields American journalists, publishers (both print and online) and bloggers from “libel tourism,&rdquo

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Quiznos Settlement Finalized, among Highest Penalties in Franchise History

Member | Janet Sparks | Aug 17 | legal

CHICAGO —Quiznos encountered a franchisee revolt so vast that it has been forced to settle, following years of litigation brought by literally thousands of its franchise owner-operators.

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Coverall Not Over on Employee Status

Member | Janet Sparks | Aug 16 | legal

BOSTON – Just when franchisors thought it was safe to assume that franchisees cannot claim to be employees rather than independent contractors, attorney Gregg A. Rubenstein of law firm Nixon Peabody says not so fast. 

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Court Protects Blogger Gripe Sites!

Member | BMM Staff | Aug 16 | legal

DETROIT—A seller of business opportunities, Career Agents Network Inc., not only lost its case against a persistent blogger who wrote unkind things about the firm, but in an unusual move the licensor was also ordered by the court to compensate the blogger $23,000 for legal fees.

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New Brunswick Regulation Starting 2011

Member | Janet Sparks | Aug 12 | legal

FREDERICTON – New Brunswick will be joining the Canadian provinces of Ontario, Alberta and Prince Edward Island early next year in regulating the sale of franchises. Although the legislation was initiated three years ago, it is just now putting regulations into effect.

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Judge to Rule in Coming Days on Rent-A-Husband

Member | Janet Sparks | Aug 6 | legal

PORTLAND, Maine – Following the two hour-long hearing this morning, Justice Thomas Warren said he will rule in the coming days whether the criminal charges against Rent-A-Husband founder Kaile Warren will be dismissed or if the case will go to trial.

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Prosecutor Opposes Rent-A-Husband Motion

Member | Janet Sparks | Aug 5 | legal

PORTLAND, Maine – Defense attorney Daniel G. Lilley received the state’s opposition brief to his July 15 motion to dismiss all securities fraud charges against client Kaile R. Warren, Jr., founder of Rent-A-Husband franchise system.

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Rent-A-Husband Heads to Court

Member | Janet Sparks | Aug 5 | legal

PORTLAND, Maine – Tomorrow morning, a Superior Court judge will hear arguments pertaining to Daniel G. Lilley’s motion to dismiss all criminal charges against Kaile R. Warren, Jr., founder of Rent-A-Husband franchise system. The Attorney General’s office filed the lawsuit after a grand jury issued a three-count indictment on securities fraud.

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UPS Franchisees Appeal after Judge Decertifies Class

Member | Janet Sparks | Aug 2 | legal

LOS ANGELES – The UPS Store / Mail Boxes Etc franchisees filed a notice of appeal last week while still licking their wounds from a devastating blow from a California court. The judge decertified their collective claims as a “class” group.

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Chrysler Dealer Reinstated through Arbitration

Member | Janet Sparks | Jul 13 | legal

Minneapolis – The Dady & Gardner law firm received a favorable award for its client Fury Dodge of Lake Elmo under the Consolidated Appropriations Act of 2010, determining that the Chrysler dealer should be reinstated.

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Headlines from the 'Net

New Rules From the Fed for Gift Cards

Member | Ed Teixeira | Aug 31 | legal

As a result of the new Gift Card rules contained in the new financial regulatory bill, expect a negative impact upon franchisee income.

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Class Action (Finally) Approved for Century 21 franchisees

Member | oldsword | Aug 20 | legal, franchising

Century 21's franchisees have been granted class action status in their case against Century 21 Real Estate and their former parent firm Cendant.

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A Rare Australian Franchisee Win

Member | Ray Borradale | Aug 17 | legal

After a 12 year battle against his franchisor an Australian franchisee has finally won his case in Court. And now he is broke.

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Quiznos Class Action Settlement

Member | sandwich guy | Aug 16 | legal
http://www.nrn.com/article/judge-upholds-settlement-quiznos-class-action Will they actually do any of the things they are told to do by the court, or will they find someway to get around all of
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Sundae, Wendy’s Bloody Sundae

Member | Ray Borradale | Aug 10 | legal

Wendy’s franchisees in Australia are asking whether the franchise model was designed to fail. Their questions have reignited franchisee disgust at yet another federal government broken promise.

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Malaysia Amends Franchise Act

Member | Lionel Hutz PA | Aug 2 | legal

A quasi-governmental franchise agency in Malaysia, Perbadanan Nasional Bhd wants franchisors mandated to register with the government.

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Franchisors Duty of Care in the U.K.

Member | oldsword | Aug 1 | legal, franchising

Do franchisors have a "duty of care" towards franchisees and an obligation to provide an honest assessment of costs that franchisees will encounter during start-up?  Apparently, in the United Kingdom they do.

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Aus Franchisor Loses In Appeal

Member | Ray Borradale | Jul 14 | legal

The New South Wales Court of Appeal determines where Franchisors promote estimates of fees to prospective franchisees, those estimates must be reasonable and based on performance data ‘where information of actual turnover was readily available to the Franchisor’.    

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Code Sends Strong Message

Member | Ray Borradale | Jul 14 | legal

Australia’s franchising Code of conduct sends a strong message to Ray White Real Estate franchisor. Don’t you come back now or we’ll make you promise again.

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This One Doesn't Pass The Smell Test

Member | oldsword | Jul 14 | legal, franchising

John Johnson, a Salt Lake City Massage Envy franchisee, allegedly forced two of his female employees to allow him to smell their feet.

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Expert Advice

Jewish Refugees Lose To Coca-Cola

Member | Corbin Williston | Sep 6 | legal

A federal judge has given victory to Coca-Cola in the franchisor's battle with a Jewish family who fled Egypt in 1965.

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A Whopper of a Decision: Franchisee Association Has Standing to Challenge Franchisor Burger King Corp

Expert | Eric H. Karp | Aug 30 | legal
Eric H. Karp's picture

Following the Supreme Court's holding in State Oil Co. v. Khan, 522 U.S. 3 (1997) that maximum price fixing was no longer a per se antitrust violation, some franchisors have imposed deep discounting on their  franchisees through resale price caps.

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Mandatory Arbitration Ban in Wall Street Reform Act

Member | Deepak Gupta | Aug 2 | legal
Deepak Gupta's picture

The Wall Street Reform Act of 2010 that was signed into law by the President last week Wednesday has a lot of stuff in it. If you have time to kill, you can pore through the actual text of the legislation here.

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