In his March 30, 2021, Franchising column in the New York Law Journal, Dady and Gardner, P.A. attorney, Ronald Gardner, explains the choices, expansions, and developments of franchise systems over the past year. As a faint light begins to glimmer at the end of the...
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Today’s Hotelier and Cross-Brand Competition
Dady and Gardner attorneys, J. Michael Dady and Rachel D. Zaiger talk about cross-brand competition in their recent article in the March 2021 edition of Today's Hotelier. Read along as Michael and Rachel analyze and give their thoughts on the impacts of COVID-19,...
Being a Franchisee in the Age of Pandemic
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...
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 *NOTICE: This blog is intended solely for...
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...