Craig R Tractenberg

August 24, 2012 | The Legal Intelligencer

One of the tools of the debtor filing bankruptcy is the ability to assume contracts or reject burdensome contracts. When a franchisor files bankruptcy, it may choose to reject the undesirable franchise agreements and cause the franchisee to change its name. This is an extraordinary option for the franchisor because it can shape the franchise system when it undergoes corporate renewal. The franchisor can also use this tool to ready itself for sale within the bankruptcy, for example, by jettisoning geographies it no longer desires to support. A recent case suggests that this tool may no longer be available for debtor-franchisors.

By Craig R. Tractenberg

5 minute read

February 22, 2013 | The Legal Intelligencer

The Pennsylvania Health Club Act, which governs most types of health clubs located in Pennsylvania, was amended effective September 3, 2012, to permit health clubs to have non-staffed hours of operation so long as specific conditions are met.

By Craig R. Tractenberg

6 minute read

February 24, 2012 | The Legal Intelligencer

Most franchise professionals express a cautious optimism for the industry. As franchising activity is an indicator of health and direction of our economy, we have good reason to expect improvement in the economy generally and in the profitability of small business as well.

By Craig R. Tractenberg

5 minute read

December 28, 2012 | The Legal Intelligencer

Because the New Jersey Franchise Practices Act basically requires material breach for termination or non-renewal, many of the disputes in franchise cases under the act challenge the existence of a "franchise" as defined by the act.

By Craig R. Tractenberg

5 minute read

February 07, 2012 | Texas Lawyer

Franchising and distribution can benefit from the lessons learned by sovereign governments that seek to increase foreign investment within their borders. If you want foreign investment, whether you are a government or a distributor of goods and services, you need to provide a fair forum for resolving disputes.

By Craig R. Tractenberg

6 minute read

April 26, 2013 | The Legal Intelligencer

The hallmark of a franchise relationship is that the franchisor allows independent businesspeople to share in the good will represented by the trademarks in the distribution of goods or services.

By Craig R. Tractenberg

6 minute read

September 28, 2012 | The Legal Intelligencer

Courts are often confronted with the pesky problem of enforcing a covenant against competition against non-signatories to a franchise agreement

By Craig R. Tractenberg and Gregg Rubenstein

4 minute read

July 27, 2012 | The Legal Intelligencer

When the U.S. Supreme Court decides a narrow issue of law, we can only speculate how the decision will be interpreted by lower courts. A Supreme Court decision interpreting one federal statute should only be persuasive precedent for the interpretation of a state statute, for example. But when the decision is well reasoned, the decision by analogy may be most persuasive. Such was the case in Bell v. Bimbo Foods Bakeries Distribution , 2012 U.S. Dist. LEXIS 90987 (N.D. IL 2012), creating a bright-line test for constructive termination of franchises.

By Craig R. Tractenberg

5 minute read

June 28, 2006 | The Legal Intelligencer

Franchise agreements usually contain activity restrictions in the form of covenants against competition. These covenants apply to the signatories to the contract during the term of the franchise agreement and for a period following the term.

By Craig R. Tractenberg

6 minute read

February 23, 2005 | The Legal Intelligencer

Two recently decided cases addressed the tensions between the at-will distributor and the manufacturer. Often, these relationships are not in writing and are long lasting.

By Craig R. Tractenberg

6 minute read