On March 18, the Trump administration fired Democratic appointed FTC commissioners Rebecca Kelly Slaughter and Alvaro Bedoya, leaving the FTC with only two commissioners (Melissa Holyoak and Chairman Andrew Ferguson) while...more
A federal court in Delaware has vacated a damages award in a claim brought by an importer of new Chinese construction equipment who had accused Caterpillar of pushing it out of the U.S. market. Int’l Constr. Prods. LLC v....more
4/4/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Appeals ,
Breach of Contract ,
Business Litigation ,
Caterpillar ,
China ,
Damages ,
Heavy Equipment ,
Imports ,
Manufacturers ,
Vacated
A federal court in Minnesota recently granted franchisor Snap Fitness Inc.’s motion for preliminary injunction against an out-of-state franchisee that announced its intentions to open a competing gym during the term of the...more
An appellate court in California has affirmed a trial court’s rejection of more than $4 million in lost business profits, which appellant Glen Suh alleged in a breach of contract action against franchisor Boba Time, Inc. Suh...more
3/15/2024
/ Appeals ,
Breach of Contract ,
Business Litigation ,
Business Losses ,
Contract Terms ,
Exclusive Territory ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Royalties
Real estate brokerage franchisor Keller Williams has agreed to a settle claims related to the ongoing broker commission antitrust litigation. Burnett v. National Ass’n of Realtors, Case No. 4:19-CV-00332 (W.D. Mo.), which has...more
2/16/2024
/ Antitrust Conspiracies ,
Antitrust Litigation ,
Franchisee ,
Franchises ,
Franchisors ,
Injunctive Relief ,
Jury Verdicts ,
National Association of Realtors ,
Real Estate Agents ,
Real Estate Brokers ,
Sales Commissions ,
Settlement ,
Settlement Agreements
The Eleventh Circuit Court of Appeals has recently affirmed a summary judgment order dismissing all claims by an importer of new Chinese construction equipment alleging a conspiracy to boycott and tortious interference with...more
A Louisiana Federal court recently dismissed a complaint brought by Tesla against the Louisiana Automobile Dealers Association (LADA) and other associated dealerships and commissioners for various competition and...more
A federal court in Minnesota has dismissed a claim under the Minnesota Franchise Act (MFA), holding that a franchisor’s consent to the assignment of a franchise does not constitute a sale or an offer to sell under the Act....more
On September 28, 2022, the Minnesota Supreme Court formally recognized the common-interest doctrine for privileged communications, confirming what many attorneys in Minnesota had already believed to apply in the state....more
Ninth Circuit Reverses Class Action Settlement Approval and Fee Award -
The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more
11/4/2021
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Attorney's Fees ,
Class Action ,
Contract Terms ,
Damages ,
Forum Selection ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Future Royalties ,
Injunctive Relief ,
Judgment on the Pleadings ,
Reversal ,
Royalties ,
Settlement ,
Unenforceable Contract Terms ,
Vouchers
Second Circuit Affirms Dismissal of Franchisees’ Minimum Wage and Unjust Enrichment Claims -
A divided panel of the Second Circuit Court of Appeals has concluded that claims of improper wage deductions and unjust...more
10/8/2021
/ Breach of Contract ,
Damages ,
Diversity and Inclusion Standards (D&I) ,
Employee Definition ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Misappropriation ,
Non-Compete Agreements ,
Trade Secrets ,
Wage and Hour
Two Illinois Federal Courts Deny Class Certification in Anti-Poaching Class Actions Against Franchisors -
Two federal courts in Illinois have rejected motions to certify classes of employees who worked in franchised...more
9/3/2021
/ Affiliates ,
Arbitration ,
Arbitration Awards ,
Bona Fide Purchaser ,
Class Action ,
Contract Terms ,
Forum Selection ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Fraud ,
Jimmy John's ,
McDonalds ,
Misrepresentation ,
Motion for Reconsideration ,
No-Poaching ,
Right of First Refusal ,
Standard Contractual Clauses
Welcome to The Franchise Memorandum by Lathrop GPM. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than manage a business format franchise...more
8/6/2021
/ Arbitration ,
Breach of Contract ,
Choice-of-Law ,
Contract Termination ,
Contract Terms ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Fraud ,
Misrepresentation ,
Preliminary Injunctions
Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors.
Missouri Federal Court Holds Franchisor Controls Sufficient to Survive Motion to Dismiss...more
7/9/2021
/ Breach of Contract ,
Contract Terms ,
Failure To State A Claim ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Injunctions ,
Injunctive Relief ,
Joint Employers ,
Non-Compete Agreements ,
Personal Jurisdiction ,
Successor Interests
Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors.
Post-Termination Injunction: Noncompete Covenants -
California Federal Court Enforces...more
6/4/2021
/ Antitrust Litigation ,
Class Action ,
Dismissals ,
Forum Non Conveniens ,
Forum Selection ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Injunctions ,
Non-Compete Agreements ,
Post-Termination Acts ,
Preliminary Injunctions ,
Standing ,
Trade Secrets ,
Venue
Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors.
Fraud/Misrepresentation -
Minnesota Federal Court Rules that Fraud and Misrepresentation...more
5/6/2021
/ Arbitration Agreements ,
Binding Arbitration ,
Brokers ,
Coronavirus/COVID-19 ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Fraud ,
Hotels ,
Joint Employers ,
Misrepresentation ,
Preliminary Injunctions ,
Puffery ,
Putative Class Actions ,
Vicarious Liability ,
Wrongful Death
Welcome to The Franchise Memorandum by Lathrop GPM. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than manage a business format franchise...more
Illinois Federal Court Excludes Plaintiffs’ Expert Testimony on Certification Motion in Anti-Poaching Class Action -
A federal court in Illinois granted Jimmy John’s motion to exclude expert testimony of a putative class...more
3/11/2021
/ CAFA ,
Choice-of-Law ,
Contract Termination ,
Default ,
Expert Testimony ,
Fast-Food Industry ,
Franchise Agreements ,
Franchises ,
Franchisors ,
Jimmy John's ,
Jurisdiction ,
No-Poaching ,
Petition for Writ of Certiorari ,
Putative Class Actions ,
Remand ,
Restaurant Industry ,
Standing ,
Trademarks
California Supreme Court Applies Independent Contractor Standard Retroactively; Does Not Reach Applicability to Franchises -
The California Supreme Court has held that its Dynamex decision applies retroactively, answering...more
2/12/2021
/ Biden Administration ,
CA Supreme Court ,
Choice-of-Law ,
Contract Disputes ,
Contract Terms ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Final Rules ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Hotel Management Agreements ,
Independent Contractors ,
Regulatory Freeze ,
Retroactive Application ,
Unfair Competition ,
Wrongful Death
Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors.
Fifth Circuit Reverses Trial Court’s Excusal of Area Representative’s Tardy Renewal Notice -...more
1/15/2021
/ Appeals ,
Contract Renewal ,
Contract Termination ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Fraud ,
Fraudulent Inducement ,
Joint Employers ,
Liquidated Damages ,
McDonalds ,
Reversal ,
Trademarks
Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more
12/10/2020
/ Breach of Contract ,
Contract Terms ,
Dismissals ,
Distributors ,
Franchise Agreements ,
Franchises ,
IP License ,
License Agreements ,
Manufacturers ,
Motion to Dismiss ,
Tortious Interference ,
Trademarks
Colorado Federal Court Applies Forum Selection Clause to Non-Signatory Entities Controlled by Former Franchisees -
A federal court in Colorado held that entities controlled by former franchisees were bound by the forum...more
11/6/2020
/ Americans with Disabilities Act (ADA) ,
Breach of Contract ,
Contract Terms ,
Forum Selection ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Injunctions ,
Injunctive Relief ,
Non-Compete Agreements ,
Personal Jurisdiction
Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Below are summaries of recent legal developments of interest to franchisors.
Given the widespread and evolving impact of the COVID-19...more
Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more
The Department of Justice Antitrust Division’s business review process provides companies an opportunity to ask the Division whether it would intend to pursue enforcement action with respect to specifically described business...more