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Understand Relevant State Law When Starting a Franchise
Many people make the mistake of assuming that uniform legal principles apply to franchising and that state laws applying to franchising are essentially the same no matter where you go. This assumption could not be more wrong. In fact, the differences in state law from state to state can have a substantial effect on the outcome of disputes between franchisee and franchisor.
A recent case highlights a significant advantage one state, New Jersey, gives its franchisees over its sister state, Pennsylvania. In New Jersey, all contracts (including Franchise Agreements) are subject to implied covenants of 'good faith' and 'fair dealing.' This means that a franchisor's conduct in performing its duties under the franchise agreements (such as training, advertising, representations relating to build-out costs, etc.) are subject to a higher standard than simply what is actually written in the agreements. For example, if a New Jersey franchisor states that it will use its 'best efforts' to obtain an appropriate location for a franchisee, those 'best efforts' will be judged on a 'good faith and fair dealing' standard. In contrast, many Pennsylvania franchisees may be surprised that there is no 'good faith and fair dealing' requirement in Pennsylvania regarding a franchisor's performance of its obligations under the franchise agreement. This fact has been confirmed recently in Keshock v. Carousel Sys., Inc., No. 04-758, 2005 WL 1198867, which specifically addresses the good faith and fair dealing concepts as they apply to franchisees.
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.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?