LJN Newsletters

Highlights of the latest franchising cases from around the country.

In this Q&A, Liss-Riordan discusses Awuah, et al. v. Coverall North America, Inc., as well as the general significance of litigation about the classification of franchisees and wage-and-classification issues for employees of franchisees.

Recent key rulings around the country.

An in-depth look at a recent ruling.

Criminal convictions may result in numerous penalties beyond the imprisonment or fine imposed after trial. Commonly referred to as the "collateral consequences" of a conviction, these often hidden and misunderstood penalties exist in two forms.

Arbitrations have expanded in scope and complexity over the years such that many arbitrations now closely resemble a court or jury trial. In response, franchise counsel should incorporate language in the arbitration provision in the franchise agreement that gives the parties the express right to employ litigation tools typically used by plaintiffs and defendants to resolve issues before incurring the time and expense associated with full-blown trials.

Pharmaceutical and medical device manufacturers have argued that FDA restrictions on off-label promotion infringe their First Amendments rights. While First Amendment defenses are difficult, two recent cases have placed this issue back in the spotlight.

Conversation at the 41st annual International Franchise Association Legal Symposium focused on the challenges that franchisors and franchisees are facing in obtaining financing for continuing operations and expansion, as well as other impacts of the two-year U.S. recession.