The FAST Recovery Act: What Is It & How Does It Affect Franchising?
California recently passed legislation that could increase costs for quick service restaurant consumers and small franchise owners by twenty percent. The bill, known as AB257 or the FAST Recovery Act,...Read More Share This
Claims Under the California Franchise Investment Law
What claims can be brought under the California Franchise Investment Law (“CFIL”) and what protections are provided to franchisees. The CFIL regulates the sale and disclosure of franchise...Read More Share This
Transferring your Franchise? How to Get the Franchisor’s Consent
It’s possible, even probable, that during the course of your franchise agreement, you’ll want to transfer or assign your franchise. Whether this is an assignment to heirs or a cash-out to...Read More Share This
The Inadvertent Franchise – Are You a Franchise Without Knowing It?
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...Read More Share This
Buying a Franchise Business? A Legal Overview of the Franchising Relationship
Why is franchising important? According to the U.S. Census Bureau Report (2017 Economic Report), 11.4% of all businesses are franchises. Franchises are present in 295 countries with over 498,000...Read More Share This
Doug Luther Speaks at the American Bar Association’s 43rd Annual Forum on Franchising
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....Read More Share This
Does a Franchisor’s Right of First Refusal Have to Encompass the Entirety of the Franchisee’s Business?
Franchisors often include a right of first refusal in franchise agreements to allow them the opportunity to buy a franchise that is being sold. How must that right be exercised and how much of the...Read More Share This
You Have to Show You’re a Franchisee Before the California Franchise Relations Act Will Override a Forum Selection Clause
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...Read More Share This
The Federal Arbitration Act Cannot Preempt the California Franchise Relations Act if the Arbitration Provision Is Not Enforceable
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,...Read More Share This