Legal

share franchise news, to prosper and amuse

Home | MyMauMau: Log In / Register | Ask Franny
Log In / Register | Mar 12, 2010

Investigative News

CFO Charged with Stealing $429K from Dunkin’ Franchise

Member | BMM Staff | Mar 8 | food, legal

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.

Add Comment (6 Comments) | Read More

Burger King Lets Franchisees Have it Their Way on Soda Rebates

Member | Janet Sparks | Mar 5 | legal

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.

Add Comment | Read More

Judge Grants Summary Judgment to Super 8 Franchisees

Member | Janet Sparks | Feb 19 | legal, hotel
 

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.

Add Comment | Read More

Judge Rules Super 8 Breached Contract

Member | Janet Sparks | Feb 8 | legal

SOUIX FALLS, SD – Last Wednesday District Judge Lawrence L. Piersol ruled that Wyndham Worldwide, parent to Super 8 Motels, Inc., breached its contract with 160 franchisees when it set an unauthorized mandatory fee of five percent on gross room sales in 2003.

Add Comment (1 Comments) | Read More

Quiznos Settlement Deadline Nears

Member | Janet Sparks | Jan 28 | food, legal
 Quiznos Landmark Store in Downtown Denver
Quiznos landmark store in downtown Denver, photo/sparks

Add Comment (7 Comments) | Read More

Judge Affirms $16M to Alaska Avis Franchisee

Member | Janet Sparks | Jan 26 | legal

ANCHORAGE – Last Thursday, US District Judge Timothy M. Burgess issued an order for Avis Budget Car Rental LLC to pay Alaska Rent A Car $16 million in damages, following a jury verdict last October.

Add Comment (5 Comments) | Read More

Terminated Auto Dealers Slap GM Canada and Attorneys with Class Action

Member | Janet Sparks | Jan 22 | legal

TORONTO - 215 General Motors auto dealers in Canada filed a $750 million class action lawsuit yesterday in Ontario's Superior Court of Justice. The dealers were terminated as a result of last year’s auto bailout program.

Add Comment (1 Comments) | Read More

Judge Rules Against Dunkin' Donuts Franchisee in Jury Trial

Member | Janet Sparks | Jan 22 | legal
Dunkin' Shop, Providence RI
Dunkin' Donuts Shop in Providence, R.I. Photo: BMM
Add Comment (8 Comments) | Read More

DLA Piper Picks Top 9 Franchisor Lawsuits of '09

Member | Janet Sparks | Jan 21 | legal
Courts affirm that franchisors need to disclose if officer felonies, even if it was stealing traffic cones as a prank
Coffee Beanery leader lands it in trouble by stealing cones, photo/iboydaniel
Add Comment (39 Comments) | Read More

Franchisees Sue KFC to Retain U.S. Marketing Control

Member | Janet Sparks | Jan 13 | food, legal
A Kentucky Grilled Chicken poster outside a central Kentucky KFC
KFC franchise prominently displays a grilled chicken poster. photo/bmm

WILMINGTON, Delaware – The KFC National Council and Advertising Cooperative, Inc. (NCAC) filed a lawsuit last week against the world’s most popular fried chicken chain after KFC's corporate office made a number of marketing blunders in promoting a new product, Kentucky Grilled Chicken, without authorization.

Add Comment (33 Comments) | Read More
Syndicate content

Headlines from the 'Net

Supreme Court Rules against Shell Oil Franchisees

Reporter | Janet Sparks | Mar 3 | legal

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.

Add Comment (7 Comments) | Read More

Gripe Site Prevails in Court

Member | Dave Tanaka | Mar 3 | legal

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.

Add Comment | Read More

Franchising Code Changes Finalised

Member | Ray Borradale | Mar 3 | legal

MP Craig EmersonCANBERRA: 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. 

Add Comment (22 Comments) | Read More

The Commonwealth Ombudsman, the ACCC and Bakers Delight

Member | Ray Borradale | Feb 22 | legal

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’.

Add Comment (17 Comments) | Read More

Franchise Reform Delay

Member | Boudica | Feb 17 | legal

The much anticipated reforms to Australian franchise regulation look likely to be delayed until after the next election.

Add Comment (10 Comments) | Read More

SCOTUS Grants Certiorari in Consumer Arbitration Cases

Member | Corbin Williston | Feb 4 | legal

The U.S. Supreme Court will hear two cases regarding the power of an arbitrator to determine his own jurisdiction.

Add Comment | Read More

WATCH: Legal Expert Says Toyota Hurt Badly, Will One Day Rebound

Member | Lionel Hutz PA | Feb 4 | legal, retail

The Toyota car recall is the biggest public relations and legal nightmare since the 1982 killer Tylenol capsules that were anomymously laced with cyanide.

Add Comment (9 Comments) | Read More

Kentucky Strip Search May End in Law Degree

Member | Lionel Hutz PA | Jan 31 | food, legal

A McDonald’s employee in Kentucky was awarded in November over $5 million for a telephone prank in which she was ordered to be strip searched.

Add Comment (8 Comments) | Read More

U.S. Supreme Court Listens to Gas Station Franchisees

Reporter | Don Sniegowski | Jan 22 | legal, retail

On January 19, franchisees had a rare opportunity to be heard by the U.S. Supreme Court.

Add Comment (1 Comments) | Read More

Franchise Bill Offers No Appeal Process

Member | Ray Borradale | Jan 19 | legal

Franchising lawyer and BMM contributor Simon Young offers food for thought with concerns regarding the South Australian Franchising Bill.

Add Comment (3 Comments) | Read More
Syndicate content
more

Expert Advice

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

Expert | RaymondMcKenzie | Mar 9 | legal
RaymondMcKenzie's picture

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.

Add Comment (4 Comments) | Read More

Franchise Renewals: They've Got You Coming and Going

Expert | Jeffrey Goldstein | Feb 19 | legal
Jeffrey Goldstein's picture

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.

Add Comment (12 Comments) | Read More

What If the Franchisor Refuses to Negotiate?

Expert | Keith Kanouse | Feb 18 | legal
Keith Kanouse's picture

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!"

Add Comment | Read More
Syndicate content
more