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Franchisees' Perspective: Leveling the Playing Field
In 1992 when a group a franchisee leaders sat down with me in Washington, DC to discuss the formation of a national trade association to represent their interests 'which became the American Franchisee Association (AFA) ' the group intended nothing less than to put pressure on the current public policy framework to make things better for franchisees. Included in this framework was the Federal Trade Commission's (FTC) trade regulation rule titled, “Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures” (16 CFR Part 436) (“Franchise Rule” or “Rule”). Since that meeting in 1992, the AFA has been the catalyst for ensuring that certain franchisors do not use their enormous contractual discretion with the intent to subjugate or take advantage of their franchisees.
Some of the tools that the AFA has used over the years to level the playing field between franchisor and franchisee include: extensive public relations coverage of some of the most unscrupulous practices of certain franchisors; enlisting the support of hundreds of small-business owners at the 1995 White House Conference on Small Business to put the president and Congress on notice that the issue of franchisee legal rights was a powder keg ready to burst; becoming the primary proponent of the Small Business Franchise Act, which was introduced not once, but twice, by a bipartisan group of lawmakers convinced that baseline standards of conduct at the federal level were necessary in franchising due to the overwhelming imbalance in both the legal and financial power between the parties; testifying before the only two Congressional subcommittees to hold hearings on the FTC's administration of its trade regulation rule regarding the franchisees' viewpoint (American Franchisee Association, Statement of Susan P. Kezios, president, before the U.S. House of Representatives Subcommittee on Transportation and Hazardous Materials, Committee on Energy and Commerce, Aug. 3, 1994. Also, American Franchisee Association, Statement of Susan P. Kezios, president, before the U.S. House of Representatives Subcommittee on Commerce, Trade and Consumer Protection, Committee on Energy and Commerce, June 25, 2002.); convincing lawmakers to ask the General Accounting Office (GAO) for an accounting of the FTC's enforcement of its Franchise Rule; and, finally, at the suggestion of FTC staff in 1995, AFA staff and its members began participating in the process of amending the Franchise Rule.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.