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FRANCHISE LAW | RESOURCE ARCHIVE


   
California joins other states in making franchisor potentially liable as franchisee's "employer"
by Gregg A. Rubenstein
How much control is too much control? In California, a court has ruled that a franchisor’s right to set standards for franchisees’ employees' appearance and its involvement in hiring and firing decisions may be enough to make it an "employer" liable for an employee's alleged sexual harassment.
   
Franchise Relationships - Legal and other Consequences
by Rory MacDonald
Observations on settling issues and building workable franchise relationships by Rory MacDonald, of MacDonald Pilcher Partnership law firm in New Zealand.
   
California Franchise Relationship Act sets the "floor," not "ceiling" of franchisee rights
by Gregg A. Rubenstein
The California Court of Appeals recently ruled that a choice of law provision in a franchise agreement can displace California law governing franchise relationships.
   
Legal Aspects of Franchising in New Zealand
by Rory MacDonald
Rory MacDonald of MacDonald Pilcher Partnership provides a snapshot of New Zealand franchising in 2010.
   
Choice of law and choice of forum provisions in franchise agreements: jurisdictional differences in enforcing the covenant not to compete
by Daniel F. Dovi and Craig R. Tractenberg
California may be pretty but she can also be tough. Nixon Peabody lawyers explain how choice of jurisdiction can impact a franchisors ability to uphold 'not to compete' covenants.
 
Termination of franchise - Lessons to be learnt from the Blockbuster decision
by Sean O'Donnell
Termination or expiration? It all depends. Using a recent Blockbuster (Australia) franchise agreement and decision as a backdrop, Sean O'Donnell (Partner, Thomson Playford Cutlers) explores both concepts and their varied implications.
   
Federal Judge Likens Franchising as Business to "Modified Ponzi Scheme" and Holds that Franchisor is Employer of Massachusetts Franchisees
by Arthur L. Pressman and Gregg A. Rubenstein
Nixon Peabody’s Arthur L. Pressman & Gregg A. Rubenstein comment on the case and issues presented to franchisors.
   
New case affirms potential of franchisor liability for franchisee’s acts of discrimination
by Gregg A. Rubenstein
Where does franchisor liability for franchisee actions finish? Gregg A Rubenstein, Partner, Nixon Peabody, explains just how far potential franchisor liability can go.
   
Vietnam's franchise laws laid groundwork for increased franchising activity
by Kendal H. Tyre and Diana Vilmenay
Kendal H. Tyre and Diana Vilmenay of Nixon Peabody explore growth and the legal framework for franchising in Vietnam.
   
Australia: more regulation from down under
by Philip F. Zeidman
Philip F. Zeidman, senior partner with DLA Piper's Franchise and Distribution division, comments on recent changes to Australian franchise regulations.
   
Belgium Adopts Franchise Law
    by Steven B. Feirman and Philip F. Zeidman
Steven Feirman and Philip Zeidman of DLA Piper summarise key implications of the new Belgium franchise law.
   
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