On July 12, 2018, seven franchise systems entered into legally binding “assurances of discontinuance” with the Washington State Attorney General’s Office, which required them to remove “no poach” clauses (also known as “anti-poaching,” “non-solicitation,” and/or “no...
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Franchise Agreements
Franchise Renewal: Rights, Obligations, and Notices
Franchise Renewal: Rights, Obligations, and Notices When prospective franchisees are investigating a franchise opportunity, they tend to focus on the terms that will have the most immediate impact on them—the amount of the initial franchise fee, the ongoing royalty...
Rights of First Refusal: 7 Things to Consider
Assume that you are a large multi-unit franchisee and you have the opportunity to sell your business to either an existing franchisee or to someone who wants to become a multi-unit franchisee in your system. You read your Franchise Agreements (perhaps for the first...
Course of Performance: Modification of the Franchise Agreement
When Actions Speak Louder Than Written Words — A Look at Franchise Agreement Modifications because of “Course of Performance” Sometimes, when the relationship between a franchisor and a franchisee has evolved in a fashion that differs from the obligations of the...
Tension Rules Franchisor-Franchisee Relationships
Attorney J. Michael Dady claims that restaurant chain discounting ruins franchisees’ profits and insists more disclosure would keep franchisors honest. By David Farkas, Senior Editor — Chain Leader, March 3, 2010 J. Michael Dady of Dady & Gardner has been arguing...
