Craig R Tractenberg

November 30, 2012 | The Legal Intelligencer

The Restaurant Development and Finance Conference occurs every year in Las Vegas. The conference brings together the finest minds in sales and finance and is well-attended by chain restaurants, franchisees, franchisors and capital sources.

By Craig R. Tractenberg

5 minute read

May 24, 2013 | The Legal Intelligencer

Franchise fees are said to be the lifeblood of the franchise system. If the royalties are not paid, does it constitute a claim for money damages or does it create grounds for injunctive relief?

By Craig R. Tractenberg

6 minute read

June 22, 2010 | The Legal Intelligencer

A franchisor may be vicariously liable for the acts or omissions of a franchisee, or on occasion, for damages caused by someone else. Vicarious liability has a long history in our legal system and the cases are often fact specific and otherwise inconsistent and unpredictable. This article explores the limits of vicarious liability, such as where an employee of a franchisee can be held to be the franchisor's employee as well. The article will also suggest an action plan to avoid exposure to vicarious liability.

By Craig R. Tractenberg

7 minute read

December 23, 2011 | The Legal Intelligencer

Judges are charged with performing justice among the litigants. Members of the bar benefit when the judiciary writes not only for the litigants, but to explain its reasoning for others.

By Craig R. Tractenberg

6 minute read

March 23, 2012 | The Legal Intelligencer

Franchisors protecting their brand need to walk a fine line. Too little control and the branding message becomes blurred. Too much control and the franchisor can be held vicariously liable for acts and omissions of the franchisee. Franchisors need to control their trademarks, but should they be responsible for every aspect of the franchisee's operation?

By Craig R. Tractenberg

5 minute read

April 12, 2010 | The Legal Intelligencer

The U.S. Supreme Court on March 2 unanimously held that a franchisee that stays in business cannot sue for constructive termination under the Petroleum Marketing Practices Act. The court also decided that a franchisee waives its constructive nonrenewal claim where it actually enters into a renewal agreement.

By Craig R. Tractenberg

5 minute read

October 22, 2003 | Law.com

Franchisors and other mass retail merchandisers thought they were safe by mandating arbitration as the sole method of dispute resolution in their contracts.

By Craig R. Tractenberg

6 minute read

February 11, 2010 | The Legal Intelligencer

Dignified and intimate is the courtroom of the U.S. Supreme Court. Without bluster or unnecessary formality, 200 litigants and members of the public are seated in the red-draped room. The first rows are reserved for the litigants, and the next five rows are reserved for those admitted to practice before the bar of the court. The next 10 rows are for members of the public. Members of the press and personal invitees of the court sit in reserved seats on the sides.

By Craig R. Tractenberg

7 minute read

May 27, 2011 | The Legal Intelligencer

Franchise companies are especially susceptible to class action complaints. The class actions are often brought by consumers buying the franchisor's branded products and services, and by franchisees claiming systemwide contractual defaults.

By Craig R. Tractenberg

5 minute read

August 23, 2013 | The Legal Intelligencer

A particularly vexing issue for franchisors is enforcing the post-termination obligations against the former franchisee, and against others acting in concert to usurp the benefits of the franchise relationship after it has expired or terminated.

By Craig R. Tractenberg

5 minute read