The Small Business Administration (SBA) has revived its Franchise Directory, providing significant benefits for franchise systems and their franchisees seeking financing. The directory returned June 1, 2025, as part of the...more
6/24/2025
/ Business Ownership ,
Disclosure Requirements ,
Filing Requirements ,
Financing ,
Franchises ,
Franchisors ,
Lenders ,
Loans ,
Regulatory Requirements ,
SBA ,
Small Business Loans
Last month, Franchise Times held its annual “Dealmakers Week” where it offers a series of webinars with top franchise dealmakers to discuss the year’s biggest franchise deals and industry trends. The week included a...more
If you think franchise compliance is just a box to check, think again. As part of my presentation on Annual Developments in Franchise Law at the most recent ABA Forum on Franchising Annual Meeting, I did a deep dive into...more
Tariffs may seem like a headline reserved for economists and politicians, but at last week’s International Franchise Association (IFA) Legal Symposium in Washington D.C., they were front and center in nearly every room. From...more
A positive development for franchise systems seeking to streamline the SBA loan approval process for their franchisees is coming this summer. The new version of the SBA Loan Origination Policies and Procedures for Lender and...more
Today is Day 1 of Franchise Times Dealmakers Week. The webinar series is serving up a week of can’t-miss conversations with top franchise leaders who are building platforms, scaling brands, and reshaping the future of...more
This week I am continuing to provide some takeaways from a few of the many sessions I attended at the International Franchise Association’s Annual Convention in Las Vegas earlier this month. Google Head of Data Measurement...more
2/25/2025
/ Artificial Intelligence ,
Compliance ,
Data Privacy ,
Data Security ,
Franchises ,
Innovation ,
International Franchise Association (IFA) ,
Machine Learning ,
Marketing ,
Risk Management ,
Technology
The International Franchise Association’s Annual Convention is always filled with useful take home information for franchise practitioners. Last week, I attended the session “Proactive Strategies for Franchisors to Prevent...more
2/21/2025
/ Breach of Contract ,
Business Litigation ,
Compliance ,
Contract Terms ,
Dispute Resolution ,
Employer Liability Issues ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Fraud ,
Integration Clauses ,
International Franchise Association (IFA) ,
Risk Management ,
Risk Mitigation ,
Vicarious Liability
Recently, the North American Securities Administrators Association, Inc.’s (“NASAA”) Franchise and Business Opportunities Project Group (“FPG”) issued guidance on post-term non-compete clauses in the context of the franchise...more
2/19/2025
/ Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Guidance ,
Franchises ,
Franchisors ,
NASAA ,
Non-Compete Agreements ,
Regulatory Requirements ,
Restrictive Covenants ,
State Attorneys General
While the Court found that the bundled costs did not constitute a franchise fee, the MFA may apply to franchisees located outside the state of Minnesota. Pennsylvania based distributor, M&M Creative Laminants’ (M&M) bought...more
2/18/2025
/ Breach of Contract ,
Business Litigation ,
Compliance ,
Contract Disputes ,
Contract Disputes Act ,
Contract Terms ,
Damages ,
Franchises ,
Jurisdiction ,
Litigation Strategies ,
State and Local Government ,
Summary Judgment
The Securities Division of the Indiana Secretary of State issued a press release this week announcing that it filed an administrative complaint against Florida based Mac and Cheese Franchise Operations LLC and its parent...more
Back in December 2022, we published a blog informing readers that guidance on franchise sales brokers and agents may be on the horizon. The North American Securities Administrators Association’s (“NASAA”) Franchise and...more
A district court in Georgia recently granted a Motion for Preliminary Injunction filed by HOA Franchising, LLC’s, the franchisor of the Hooters restaurant chain (“Hooters”), against one of its former restaurant franchisees,...more
A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (“Burgerim”). The Federal Trade...more
New and emerging franchise systems are often very eager to sign those first franchisees. All too often, they are willing to make concessions to get the franchisees on board, despite their franchise attorney’s recommendation...more
One of the most highly anticipated portions of the IFA Annual Convention each year is the case study workshop conducted at the Annual Leadership Conference. All 350 attendees are provided a real-world scenario based on an...more
In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (“NY ABC Law”) obligate an importer to honor a distribution...more
One of the most hotly debated and discussed questions among franchise system owners and operators is whether to engage outside franchise sales agents, brokers, franchise sales outsource companies (FSOs), or all of the above,...more
A recent case decided by the Ohio Court of Appeals reminds new franchisors to tread carefully when converting existing licensees to future franchisees. In the case of Okolish v. Town Money Saver, Inc., a coupon clipper...more
A recent court case (Cognex Corporation v. Air Hydro Power LLC) between a distributor and manufacturer is a reminder to franchise attorneys that not all amounts paid by a licensee to a licensor qualify as a “franchise fee”...more
You are an entrepreneur. You created, founded and currently operate a successful and vibrant business. Perhaps customers, family members, or friends are loyal fans of your brand and are approaching you with a request to...more
So now you know what it means to “franchise” a concept or brand. You want to move forward in this exciting new opportunity and franchise your business. What are the next steps you should take to prepare yourself to launch? ...more
Today, I attended Part I of a new International Franchise Association series hosted by Dan Monaghan of Clear Summit Group exploring the opportunities and threats to franchising created by artificial intelligence. In one of...more
Last year, the North American Securities Administrators Association’s (NASAA) launched the Franchise Electronic Filing Depository System (“FRED”), the nationwide online filing portal for state franchise registration and...more
This week the Washington Securities Division announced that it is considering an amendment to the Washington Administrative Code (“WAC”) to formally adopt the Statement of Policy Regarding the Use of Franchise Questionnaires...more