Blog & News - Luther Firm, PC

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...

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...

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...

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...

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....

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...

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...

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,...

Trucking Association’s Attempt to Overturn Dynamex Rejected

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...

The Question of Whether a Franchisor Is an Employer of Its Franchisees or a Joint Employer of Its Franchisees’ Employees

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...