Some franchisors continue to use a different Franchise Disclosure Document for each state that has a franchise or registration law. This approach increases the administrative burden on franchisors, as well as the risk of unintentional violation of a state’s franchise law where more than one state law applies to a transaction.
Category: Legal Perspectives
Missouri Court Of Appeals Finds Arbitration Provision Unconscionable
A recent decision by a Court of Appeals in Missouri highlights the importance for franchisors of careful drafting of the arbitration clauses in their franchise agreements. Litigation over issues like this — whether a dispute must be submitted to arbitration or instead whether it can be decided by a court — is a huge drain on the parties’ resources (time and money). A franchisor would be well-advised to think carefully about heavily one-sided arbitration clauses before including them in its agreements.
Webinar On Franchise Sales: March 10, 2011
You are invited to attend a complimentary webinar this coming Thursday, March 10, 2011, between 1:30 and 3:00 PM Pacific. The webinar, which is being co-hosted by Armstrong Teasdale and the Upside Group, focuses on the business and legal aspects of the franchise sales process.
KFC National Council and Advertising Cooperative, Inc. v. KFC Corporation: A Cautionary Tale
The Delaware Chancery Court recently issued a decision severely limiting KFC Corp.’s right to control brand marketing in a case that offers several important lessons about managing franchisee relations. The case involved a suit brought against the international fried chicken franchisor by a special purpose entity formed to develop and manage the chain’s domestic advertising. The suit centered on the scope of the NCAC’s authority to control brand advertising.
Wall Street Journal’s Article On Key Franchise Lawsuits
Today’s edition of the Wall Street Journal has a short, but interesting, articleon a handful of the key lawsuits between franchisors and franchisees that made waves in the franchising community during 2010. Two of the cases mentioned have been discussed previously on this blog: Awuah v. Coverall, and Burger King National Franchisee Association v. Burger King. The article provides a good, if brief, summary of the decisions and their potential ramifications on the franchise industry as a whole.
Iowa Supreme Court Orders Out-Of-State Franchisor To Pay Tax On Royalty Income
Last week, the Iowa Supreme Court issued a ruling that will require out-of-state franchisors to pay tax on income earned through royalties earned from Iowa-based franchisees. The decision has implications for any business that derives income from intangible assets (through licensing or otherwise) located in another state.
Forward Franchising 