An area developer entered into three agreements with a pizza franchisor and developed 50 franchises in Texas. The franchisor, Pizza Inn, Inc., tried to terminate all three contracts, though each had a twenty-year initial term...more
The U.S. Small Business Administration (SBA) announced major modifications to the 2020 COVID-19 Economic Injury Disaster Loan (EIDL) program on September 8, 2021, including raising the maximum loans available from $500,000 to...more
Millions of people in COVID-19 lockdown ordered food online from food delivery platforms using mobile applications in 2020, which resulted in alleged abuses by certain food delivery platforms. In response, the California...more
A federal court in New Hampshire found a multi-unit operator of five Planet Fitness gyms plausibly alleged the franchisor interfered with its business relationships and denied Planet Fitness’ motion for judgment on the...more
A federal court in Louisiana granted a preliminary injunction against a former franchisee of Liberty Tax Service for breaching post-termination covenants under a franchise agreement.
Liberty Tax entered into franchise...more
During the first 21 days of the Restaurant Revitalization Fund (RRF) approved by Congress in April 2021 and administered by the Small Business Administration (SBA), priority was given to eligible small businesses with limited...more
A federal district court denied KFC’s defensive summary judgment motion, enabling its franchisee to go to trial on claims against KFC for breach of the implied covenant of good faith and fair dealing by opening a competing...more
A Louisiana appellate court affirmed a trial court’s finding that there was a signed franchise agreement between the parties even though the franchisor could not produce the signed original.
Brooke and Michael Hyde decided...more
The Restaurant Revitalization Fund (RRF) was adopted by Congress in April 2021 to provide financial relief for eligible restaurants and related food and beverage service businesses. $28.6 billion of tax-free federal grants...more
The Restaurant Revitalization Fund (RRF) was adopted by Congress in April 2021 to provide financial relief for eligible restaurants and related food and beverage service businesses. Over $28 billion in tax-free federal grants...more
A franchisee sued real estate franchisor Century 21 for a declaration whether the franchisee could end its franchise agreement early despite a provision that deleted the franchisee’s early termination right. Noting the...more
On competing motions for a temporary restraining order (“TRO”) by ReBath – a nationwide bathroom remodeling franchisor, and its terminated franchisee, ReBath prevailed in restraining the ex-franchisee’s further operations. A...more
6/30/2021
/ Breach of Contract ,
Contract Termination ,
Counterclaims ,
Covenant of Good Faith and Fair Dealing ,
Failure To Pay ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Implied Covenants ,
Lowe's ,
Royalties ,
TRO
In the last year, we reviewed three attacks on franchising, questioned whether franchising was in the crosshairs of federal regulators and legislators, and concluded that the answer was yes....more
California Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act or AB 257) was defeated by the California Assembly on June 3, 2021. The bill was introduced by Assembly Member Lorena...more
The Restaurant Revitalization Fund (RRF) was adopted by Congress in April 2021 to provide financial relief for eligible restaurants and related food and beverage service businesses. Originally, $28.6 billion of tax-free...more
A group of franchisees sued OsteoStrong, a franchisor of bone density improvement centers. They claimed omissions in the FDD about bankruptcies and lawsuits, and misrepresentations of patent rights to equipment and...more
6/1/2021
/ Breach of Contract ,
Civil Liability ,
Criminal Liability ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Injunctive Relief ,
Irreparable Harm ,
Medical Devices ,
Preliminary Injunctions
California Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act is currently pending in the California Legislature, introduced by Assembly Member Lorena Gonzalez....more
A Minnesota federal court ruled in favor of a franchise broker on summary judgment. The court dismissed misrepresentation claims brought by a military veteran who alleged unlawful inducement to invest in a failed kickboxing...more
Earlier this year, we questioned whether franchising was in the crosshairs of federal regulators and legislators. It appears that the answer may be a resounding yes....more
The Restaurant Revitalization Fund (RRF) will provide financial relief for eligible restaurants and related food and beverage service businesses with $28.6 billion of tax-free federal grants if their revenue in 2020 was less...more
An insurance coverage case brought by McDonald’s and two of its franchisees (collectively, “McDonald’s”), raised a novel question in Illinois state court. The question was whether or not costs to comply with a mandatory...more
4/30/2021
/ Bodily Injury ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Damages ,
Duty to Defend ,
Franchisee ,
Franchisors ,
Health and Safety ,
Injunctions ,
Insurance Claims ,
Insurance Industry ,
McDonalds ,
Negligence ,
Public Nuisance
A federal court in Connecticut ruled against an urgent care franchisor’s motion to dismiss, finding the plaintiff had standing to sue under Article III of the U.S. Constitution. The court still dismissed the plaintiff’s...more
4/29/2021
/ Article III ,
Choice-of-Law ,
Dismissals ,
Forum Selection ,
Franchise Acts ,
Franchise Agreements ,
Franchisors ,
Goods or Services ,
Sherman Act ,
Standing ,
Successor Interests
The Small Business Administration (SBA) released key details on application requirements (RRF Application), eligibility and a program guide (RRF Program Guide) for the Restaurant Revitalization Fund (RRF) on April 19, 2021....more
Restaurants have been severely impacted by COVID-19 because of permanent and temporary shutdowns that eliminated or reduced revenue, and the increased costs that many operators incurred to bolster take-out and delivery sales...more
A federal court in Michigan granted 7-Eleven’s motion for summary judgment, enforcing the franchisor’s right to terminate a franchisee with repeated defaults, even though each default had been cured.
7-Eleven’s franchise...more