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Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

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On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Fox Rothschild LLP

Not All Payments Qualify as “Fees” under State and Federal Definitions of a Franchise

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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

Lathrop GPM

Tennessee Federal Court Denies Franchisor’s Motion to Dismiss Claims of Bad Faith in Denying Relocation

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A federal court in Tennessee denied a manufacturer’s motion to dismiss claims that it acted in bad faith and constructively terminated a dealership when it denied the dealer’s proposed relocation sites. Hyundai Subaru of...more

Lathrop GPM

New Jersey Federal Court Holds Automobile Retailer Association Cannot State Claim Under Franchise Practices Act

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A federal court in New Jersey granted summary judgment to a car manufacturer, holding that a retailer coalition cannot state a claim on behalf of its members under the New Jersey Franchise Practices Act (NJFPA). N.J. Coal. of...more

Foley & Lardner LLP

Liar, Liar: Texas Supreme Court Rejects Fraud As Basis For Ignoring Dealer Agreements

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One of the most important tools manufacturers and franchisors have available to manage their networks are the agreements they sign with their channel partners. Significant time and effort go into those contracts, ensuring...more

Fox Rothschild LLP

Distributor Still Not A Franchise

Fox Rothschild LLP on

A Minnesota distributor of burners is not a franchisee of the manufacturer of the burners under the Minnesota Franchise Act (“MFA”), held a federal district court in Minnesota in an action in which the distributor attempted...more

Fox Rothschild LLP

Negotiating Supplier And Distributor Agreements (Reports From The IFA Legal)

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The first step in creating or renegotiating a supply chain is understanding its component parts, and the roles each part plays: Producers, Manufacturers, Distributors, Retailers, and Consumers. These roles are not exclusive....more

Seyfarth Shaw LLP

Auto Manufacturers: Don’t Forget the Amended Franchise Rule When Considering New Business Opportunities

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As competition intensifies and auto manufacturers and distributors look for new ways to realize value from their brands, they and their counsel would do well to familiarize themselves with the Federal Trade Commission’s (FTC)...more

Cozen O'Connor

The State AG Report Weekly Update November 2018 #4

Cozen O'Connor on

Breaking News- Wyoming Governor-Elect Announces Appointment of Attorney General- Bridget Hill has been appointed to serve as the Wyoming AG by Governor-elect Mark Gordon (R). ...more

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