Last week, the International Franchise Association’s Franchise Congress conducted a number of meetings with lawmakers in Massachusetts to discuss legislation that would clearly state that franchisees are independent contractors, and not employees.
Author: Matthew Kreutzer, Las Vegas Franchise Attorney
Mr. Kreutzer concentrates his practice in franchising, with an emphasis in transactional franchise law and franchise litigation.
He has spent more than 15 years working with individuals and companies on issues relating to the franchise relationship.
Experienced in all facets of franchise law, Mr. Kreutzer assists both start-up and mature franchisors with developing, protecting and licensing their franchise and distribution systems. As part of this practice, he counsels companies regarding the laws and regulations pertaining to franchising nationwide and assists them in creating their contracts, Franchise Disclosure Documents, and other critical operational documents. He also responds to state administrative inquires and investigations, and obtains exemptions and interpretive opinions from regulatory agencies.
With his background in franchise litigation, Mr. Kreutzer understands the risks inherent in the relationship and works with his clients to limit those risks so that those franchisors can focus on brand and system growth.
Mr. Kreutzer received his B.A., cum laude, from The American University in 1995 and his J.D. from The George Washington University Law School in 1998. He is a certified specialist in Franchise and Distribution Law by the California State Bar Board of Legal Specialization (the “Board”) and is a Commissioner on the Board’s Franchise and Distribution Law committee.
Mr. Kreutzer is a longstanding officer and member of the California Franchise Law Committee, and is a member of the American Bar Association Forum on Franchising.
Mr. Kreutzer is an AV® Peer-Review Rated attorney by Martindale Hubbell and was named a “Super Lawyer” 2013 - 2017 and a “Rising Star” in 2012 by Mountain States Super Lawyers. He was honored as a “Legal Eagle” by Franchise Times magazine 2013 - 2017, and as one of the “40 Under 40” by In Business Las Vegas in 2010.
He is licensed to practice in the States of Nevada, California and Maryland.
Author of the "Forward Franchising" blog, located at www.forwardfranchising.com
New York Renews Its Limited Franchise Trade Show Exemption
The State of New York renewed its limited exemption to its Franchise Sales Act (N.Y. Gen. Bus. L. § 680 et. seq.) (the “Act”), which will allow franchisors that are not registered with the State to participate in the International Franchise Exposition under certain circumstances.
Another Franchisor Faces Lawsuit Alleging That Its Franchisees Are Actually Employees
A recent California court decision rejects the contention by franchisees, who sued their franchisor, that the arbitration provision in their franchise agreement should not be enforced because it is unfair and unconscionable.
Franchisors: Don’t Forget To File Your New York Annual Sales Tax Information Report
All franchisors that have at least one franchisee operating in New York State should be aware that they must file an annual information return next month under a state tax law. This annual report is due on or before March 20th of each year.
Awuah v. Coverall: What If I Didn’t Know About The Mandatory Arbitration Provision In My Franchise Agreement?
A new ruling by the United States Court of Appeals for the First Circuit in Awuah v. Coverall case is yet the latest in a string of recent court decisions that confirm the strength and enforceability of arbitration clauses in franchise agreements.
Controversial Film “Escape From Tomorrow” Shows Need to Protect Intellectual Property
“Escape From Tomorrow,” one of the most controversial films at the 2013 Sundance Film Festival, has put copyright and trademark law, as well as the question of what constitutes parody, in the spotlight. The film reminds companies why it is important to protect their intellectual property: to prevent use (or misuse) by others.
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