This article by Carmen Caruso examines the plight of a would-be franchisee who believes that they are a victim of some kind of racial discrimination. This article is spurred by a case of Mr. Caruso's where a current African American franchisee...
Hotel franchisors often ask for liquidated damages in case their franchisee counterparty breaks the franchise agreement to switch brands or go independent. However, because the franchisee pays the liquidated damages, these can often act as a...
Franchisees can be very vulnerable in their relationships with their franchisor--provisions in the franchise agreements governing these relationships often allocate many risks to franchisees which could lead to the loss of their investment. In...
Carmen Caruso uses the consideration of the Arbitration Fairness Act to explain some of the reasons why compulsary arbitration can be disadvantageous to franchisees.
- Summary by FizzLaw Team
In this article, Carmen Caruso reviews constructive termination of franchise claims in light of a recent Supreme Court decision which expanded the scenarios in which a constructive termination could be found. Although focused on gas station...
Tammi Franke has drafted a lot of agreements between business parties, and has seen many agreements in which one party promises to use "commercially reasonable efforts" or "best efforts" or other similarly difficult-to-define terms. In this...
A Subway franchisee (and client of Mr. Blumenthal's) operated a Subway restaurant in a suburb. Subway approved another franchisee to open a new restaurant three blocks from Mr. Blumenthal's client's existing location. In this article, Mr....
Marc N. Blumenthal is a highly experienced franchising attorney. In this article, he reviews one of the most one-sided franchise agreements which he ever negotiated, and demonstrates exactly how an experienced lawyer can help clients avoid...