The Small Business Administration (SBA) has revived its Franchise Directory, providing significant benefits for franchise systems and their franchisees seeking financing. The directory returned June 1, 2025, as part of the...more
6/24/2025
/ Business Ownership ,
Disclosure Requirements ,
Filing Requirements ,
Financing ,
Franchises ,
Franchisors ,
Lenders ,
Loans ,
Regulatory Requirements ,
SBA ,
Small Business Loans
If you think franchise compliance is just a box to check, think again. As part of my presentation on Annual Developments in Franchise Law at the most recent ABA Forum on Franchising Annual Meeting, I did a deep dive into...more
Tariffs may seem like a headline reserved for economists and politicians, but at last week’s International Franchise Association (IFA) Legal Symposium in Washington D.C., they were front and center in nearly every room. From...more
A positive development for franchise systems seeking to streamline the SBA loan approval process for their franchisees is coming this summer. The new version of the SBA Loan Origination Policies and Procedures for Lender and...more
Today is Day 1 of Franchise Times Dealmakers Week. The webinar series is serving up a week of can’t-miss conversations with top franchise leaders who are building platforms, scaling brands, and reshaping the future of...more
The International Franchise Association’s Annual Convention is always filled with useful take home information for franchise practitioners. Last week, I attended the session “Proactive Strategies for Franchisors to Prevent...more
2/21/2025
/ Breach of Contract ,
Business Litigation ,
Compliance ,
Contract Terms ,
Dispute Resolution ,
Employer Liability Issues ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Fraud ,
Integration Clauses ,
International Franchise Association (IFA) ,
Risk Management ,
Risk Mitigation ,
Vicarious Liability
Recently, the North American Securities Administrators Association, Inc.’s (“NASAA”) Franchise and Business Opportunities Project Group (“FPG”) issued guidance on post-term non-compete clauses in the context of the franchise...more
2/19/2025
/ Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Guidance ,
Franchises ,
Franchisors ,
NASAA ,
Non-Compete Agreements ,
Regulatory Requirements ,
Restrictive Covenants ,
State Attorneys General
The Securities Division of the Indiana Secretary of State issued a press release this week announcing that it filed an administrative complaint against Florida based Mac and Cheese Franchise Operations LLC and its parent...more
A district court in Georgia recently granted a Motion for Preliminary Injunction filed by HOA Franchising, LLC’s, the franchisor of the Hooters restaurant chain (“Hooters”), against one of its former restaurant franchisees,...more
A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (“Burgerim”). The Federal Trade...more
One of the most hotly debated and discussed questions among franchise system owners and operators is whether to engage outside franchise sales agents, brokers, franchise sales outsource companies (FSOs), or all of the above,...more
A recent court case (Cognex Corporation v. Air Hydro Power LLC) between a distributor and manufacturer is a reminder to franchise attorneys that not all amounts paid by a licensee to a licensor qualify as a “franchise fee”...more
You are an entrepreneur. You created, founded and currently operate a successful and vibrant business. Perhaps customers, family members, or friends are loyal fans of your brand and are approaching you with a request to...more
Today, I attended Part I of a new International Franchise Association series hosted by Dan Monaghan of Clear Summit Group exploring the opportunities and threats to franchising created by artificial intelligence. In one of...more
I had the pleasure this year along with fellow franchise attorneys, Gerry Wells of Rita’s Franchise Company and Allan Hillman of Garcia & Milas, to present at the ABA Forum on Franchising Annual Meeting in San Diego. The...more
When a business is deciding to franchise its concept, the task “to-do” list is never-ending. Identifying the most critical issues and deciphering what are “necessities” vs. “nice-ities” for an emerging brand was the topic of...more
The recent case of Rhine Enters v. Refresco Beverage out of the federal district court of the Southern District of Illinois should be a reminder to licensors and manufacturers that avoiding the “fee prong” element of a...more
As expected, the North American Securities Administrators Association (NASAA) announced last week that it voted to adopt a “Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgements” (NASAA...more
More and more states are launching online portals allowing franchise systems to file initial registrations, exemptions, renewals and amendment applications electronically. The Indiana Secretary of State, Securities Division...more
The new year is often a time when successful entrepreneurs with thriving business concepts start looking to expand their brand using a franchise business model. Franchising is an excellent way to grow a business rapidly,...more
As a cannabis business in a brand-loyal industry, the top reason to consider the franchise model is to maximize return on a good idea. This resource outlines key benefits, regulatory issues and operational elements that can...more
In my recent experience, most franchise start-ups and emerging systems typically charge a technology fee or, at a minimum, reserve the right to charge a technology fee in the future. These fees are easily justifiable....more
The Philadelphia Chapter of the International Franchise Association’s Women’s Franchise Network hosted its annual summer meeting this past week. For those of you who do not know, the local chapters of the IFA WFN’s is a...more
Mark Siebert, CEO of the well-known franchising consulting firm iFranchise Group, authored a very interesting article in a recent issue of Franchise Times magazine about “influencers” in franchise sales. As a corporate and...more
I recently attended the annual Franchise Times Finance and Growth Conference in Las Vegas. In addition to hearing dozens of emerging and established brands pitch their systems, one of the highlights of the Conference is...more