While 2024 saw more stability in the financial markets than 2023, many challenges arose in 2024 for franchised businesses, manufacturers and retail chains, including bankruptcies of many large restaurant and retail chains,...more
2/18/2025
/ Acquisitions ,
Bankruptcy Court ,
Chapter 11 ,
Corporate Restructuring ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Mergers ,
Misclassification ,
Non-Compete Agreements ,
Private Equity ,
Regulatory Requirements ,
Retailers ,
Supply Chain
On July 12, 2024, the FTC released several statements and a News Release as its first response to comments collected in response to the March 2023 Franchise Request for Information (RFI). These actions are part of the FTC’s...more
As explained in Polsinelli’s prior alert of April 24, 2024, the FTC announced its final rule on non-compete covenants (the “Rule”) on April 23, 2024.
Critically, the Rule does not prohibit non-compete agreements between...more
4/30/2024
/ Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchises ,
Franchisors ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
On Friday, March 10, 2023, the Federal Trade Commission issued a Request for Information (“RFI”) soliciting public comments on various issues pertaining to the franchisor-franchisee relationship, including franchisor supply...more
3/20/2023
/ Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
FTC Franchise Rule ,
Public Comment ,
Regulatory Agenda ,
Request For Information ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
The North American Securities Administrators Association, Inc. (“NASAA”) has just adopted a new policy regarding the use of franchise questionnaires and acknowledgments in the franchise sales process. In its Statement of...more
On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more
8/9/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Restaurant Industry ,
Rulemaking Process ,
Wage and Hour