In his March 27, 2020, Franchising column, Ronald Gardner offers proactive steps franchisee representatives should be taking during this “sea change” caused by the COVID-19 pandemic. The original plan was to write a column about Item 19 of the FDD, and how to...
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Motor Vehicle Manufacturer’s Performance Standard for Franchised Motor Vehicle Dealer Rendered Unfair Under New York Law: Case Summary
On April 27, 2011, Beck Chevrolet Co., Inc., (“Beck”), a franchised motor vehicle dealer, brought suit in New York state court against General Motors (“GM”), a motor vehicle manufacturer, alleging violations of the New York Franchised Motor Vehicle Dealer Act. Beck...
Franchising From the Franchisee Lawyer Perspective
Imagine a client walks into your office wanting to get out of a contractual arrangement that they entered into three years ago. They explain that they are losing money, and that the contract makes no sense for them any longer. In probing them, and reading the...
Minnesota Supreme Court Clarifies Test and Requires Specific Language to be Used for Certain Indemnity Clauses—Dewitt v. London Road Rental Center, Inc., 910 N.W.2d 412 (Minn. 2018)
In Dewitt v. London Road Rental Center, Inc., 910 N.W.2d 412 (Minn. 2018), the Minnesota Supreme Court resolved the confusion surrounding the proper test for determining whether an indemnity clause is enforceable under Minnesota law. In Dewitt, a rented picnic table...
Important Update: 7 Franchisors Now Obligated to Remove “No Poach” Clauses from Their Respective Franchise Agreements
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...
Entrepreneur Magazine: How Franchisees Protect Themselves
Franchisees and franchisors need each other to survive. but that doesn’t mean every relationship is perfect. A longtime franchisee lawyer explains how franchisees can best protect their business interests. Read More
Battle over the Franchisor Business Judgment Rule and the Path to Peace
Battle over the Franchisor Business Judgment Rule and the Path to Peace Brian B. Schnell and Ronald K. Gardner, Jr. In successful franchise systems, both the franchisor and the franchisees obsess over the franchisees’ bottom line. Healthy franchise systems also see...
The Federal Fair Franchise Act of 2015 – Not So Outrageous After All
The Federal Fair Franchise Act of 2015 – Not So Outrageous After All At least some franchisor advocates have indicated outrage at the idea that federal legislation such as the Fair Franchise Act of 2015 has been introduced (not passed, but simply introduced) to...
Ron Gardner from Dady & Gardner has been featured in the Forbes article “How Franchisors Squeeze Money From Their Franchisees.”
Ron Gardner from Dady & Gardner has been featured in the Forbes article “How Franchisors Squeeze Money From Their Franchisees.” Ron Gardner continues to help people by sharing his insight on how Franchisors are able to take money from Franchisees. “Franchises seem...
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...