Blog & News

How do you know when a license agreement qualifies as a franchise? Under federal and state law, the bar to qualify as a franchise is quite low, and many business arrangements may be surprised to...

Luther Firm, PC is pleased to announce that founder Doug Luther spoke at the American Bar Association’s 43rd Annual Forum on Franchising, Franchising in Focus @ Home on October 27-30, 2020....

Where you have to litigate a case can have large ramifications on the likelihood of success. The contractual clause often at issue is called a forum selection clause. Forum selection clauses can often...

California protects in-state franchisees from the expense, inconvenience, and possible prejudice of having to litigate outside of California. Although forum selection clauses are presumptively valid,...

Franchisors and franchisees are closely watching California courts to see what the repercussions of the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court of Los...

Under what circumstances is a franchisee considered an employee of the franchisor? The Ninth Circuit may be answering that question shortly in Vasquez v. Jan-Pro Franchising International, Inc. The...

When is an image standard in a franchise system appropriate and enforceable and when is it arbitrary and unenforceable? Franchisors have a strong interest in maintaining consistent image standards...

California Labor Code section 970 states that “[n]o person, or agent or officer thereof, directly, shall influence, persuade, or engage any person to change from one place to another in this State...

When a coffee chain sought the protection of various state franchise laws, they found out it wasn’t about where they were planning to go but about where they were operating. A New York federal court...

A wide assortment of rules and laws guide the franchisor counsel in deciding whether and how to communicate with and advise franchisees. The Model Rules of Professional Conduct (Model Rules) set the...