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 FRANCHISE
LAW | RESOURCE ARCHIVE
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| Australia:
more regulation from down under |
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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. |
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| Belgium
Adopts Franchise Law |
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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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