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No Harm to Franchisees When Franchisor Acquires Competitor
It is becoming increasingly common for franchise companies to acquire their competitors. Predictably, the franchisees of the acquired system often will feel threatened and take legal action.
In Hanson Hams, Inc. v. HBH Franchise Company, LLC, Bus. Fran. Guide (CCH) '13,093 (Dec. 20, 2004), the U.S. District Court, Southern District of Florida, recently considered such a case. In Hanson Hams, a Heavenly Ham franchisee filed a complaint against the franchisor of the HoneyBaked Ham franchise system for allegedly “unfair” conduct occurring after the defendant's subsidiary acquired the Heavenly Ham franchise system. Plaintiff alleged that after the acquisition, defendant favored the Honey-Baked Ham system over the Heavenly Ham system and that such disparate treatment violated Florida's “little FTC Act” (Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Florida Statutes ”501.201, et seq.). In a thorough and well-reasoned decision, the court concluded that defendant's conduct was not unfair within the meaning of the FDUTPA as a matter of law. The court found it particularly telling that the plaintiff had not asserted any claim against its franchisor (a subsidiary of defendant).
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.