Blog & News - Luther Firm, PC

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...

When Can a Franchisee Be Terminated for Not Complying with Image Standards?

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...

Do Franchisors Face Triple Damages If They Fraudulently Induce Franchisees to Come to California?

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...

It’s Not Where You Could Go but Where You Are When It Comes To Applying State Franchise Laws

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...

Walking the Line: When are the Franchisor’s In-House Counsel’s Communications or Advice to a Franchisee an Ethical Violation?

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...