On June 1, 2023, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a much-anticipated decision in Lee v. Fisher, No. 21-15923, enforcing a forum selection clause in Gap Inc.’s corporate bylaws that...more
The Arizona House of Representatives recently introduced a bill, HB 2404, designed to insulate in-state dealers from market competition that, if enacted, will create a general franchise relationship law in Arizona. Currently,...more
This week the Washington Securities Division announced that it is considering an amendment to the Washington Administrative Code (“WAC”) to formally adopt the Statement of Policy Regarding the Use of Franchise Questionnaires...more
In a unanimous Opinion issued Monday, May 23, the United States Supreme Court resolved a circuit split and held that waiver of a right to arbitrate does not require a showing of prejudice to the opposing party....more
On April 28, 2022, the Court of Appeals of California, First District, upheld a corporate charter provision requiring shareholders to file Securities Act of 1933 (“Securities Act”) lawsuits in federal court. This is the...more
This week, another shareholder derivative suit was dismissed based on a forum selection clause contained in the company’s bylaws. In November 2020, a shareholder filed a derivative action alleging that directors and officers...more
Equipment manufacturers are generally well aware of the onerous and often expensive equipment repurchase obligations they incur when terminating or non-renewing a dealer. But at least these repurchase obligations make some...more
The COVID-19 pandemic is causing an uptick in dealer terminations, which can trigger unexpected and costly equipment repurchase obligations. It is important that manufacturers and suppliers keep aware of applicable equipment...more
Manufacturers and franchisors often think of so-called “anti-waiver” provisions in state law as being absolute and unavoidable. But this is not always the case. As a recent decision from the District of New Jersey...more
The Ninth Circuit ruled that a California Matco Tool franchisee, John Fleming, could bring a class action wage and hour suit in California, even though a forum selection clause in the distribution agreement specified Ohio...more
Pennsylvania is on the verge of a tougher contractor payment law that adds remedies including suspension of work, anti-waiver provisions, and mandatory payment for work successfully completed....more