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International Franchising 2006: Why Attorneys Need to Know the Laws in Other Countries
In many countries around the world, concepts that are common in the United States are considered exotic to the local populace. Furthermore, as more and more Americans travel abroad, they welcome the sight of a familiar brand from “back home.” As a result of these two factors, when U.S.-based franchisors seek to expand abroad, they often find a ready audience. In fact, many franchisors get their first taste of international franchising when they are approached by a potential franchisee, asking for the opportunity to obtain franchise rights to a particular country or region of a country. It is only later that the franchisor actually begins to focus on active development of franchises outside the United States.
What should U.S. counsel for a franchisor do when asked to assist with this type of international franchise relationship? One of the first and most important tasks is to identify competent local counsel that is fluent in English and is sufficiently familiar with U.S. legal concepts to be able to explain the differences between U.S. law and local law. Outside the United States, most countries do not have legislation that is specific to franchising. That is not to say, however, that the countries have no laws affecting franchising. In every country, there are laws of general applicability that will affect the franchise relationship. Prime among these are trademark laws, which every country has, and which inevitably affect franchising. Other generally applicable laws that are likely to have an influence on franchising are tax laws (and tax treaties), laws relating to foreign remittances (or similar currency restrictions), sales agency laws, antitrust laws, and laws regarding technology or know-how licensing.
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.
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.
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.
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.