LJN Newsletters

Closely held businesses produce over 50% of the Gross National Product ("GNP"). Less than 50% of these businesses have a continuation plan and almost one-third of these companies (29%) use a buy-sell arrangement to assist in their planning. Buy-Sell agreements are very simple tools that over the years have grown to meet increasing needs of closely held businesses.

The latest news from the franchising world.

CA Supreme Court: No 'Narrow Restraint' Exception to Prohibition on Covenants Not to Compete

What can a franchisor do if some of its franchisees or business partners (who are not parties to the litigation) are slapped with broad and burdensome subpoenas from disgruntled franchisees or potential franchisees in litigation? In many cases, the answer may be nothing. The Federal Rules of Civil Procedure generally do not allow a party to seek to enforce the rights of others (many states have analogous rules, as well).

In Canada, franchise disclosure documents ('FDDs') are not reviewed by any government agency. It is up to the franchisor to prepare and deliver the document correctly, failing which the franchisee can, for a limited period of time, send in a rescission notice.

This is the fifth and final entry in a series of articles discussing how in-house counsel can better manage litigation matters.

The Canada-based, Louisiana-flavored B'ton Rouge franchise system features ribs, beef, and fish in a casual-dining atmosphere, with about 20 franchised restaurants operating in Qu'bec and Ontario. One of the Ontario locations is the battleground for the case to be outlined in this article: 4287975 Canada Inc. v. Imvescor Restaurants Inc. et. al.

In track, a runner "jumps the gun" when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes. Here is what merging firms can and cannot do before the gun sounds.