Craig R Tractenberg

February 09, 2009 | The Legal Intelligencer

Eroding consumer confidence affects all housing, retail and franchised businesses. Franchised business need to adjust their expenses and expectations like all businesses, but they are uniquely leveraged in this economic environment. Franchise companies are able to leverage their brand during the credit crisis, which gives franchise companies additional tools, and risks, that their competitors may envy.

By Craig R. Tractenberg

6 minute read

June 22, 2005 | The Legal Intelligencer

Provisional remedies strike a delicate balance between a decision on the merits and the necessity of making that decision meaningful.

By Craig R. Tractenberg

6 minute read

February 25, 2004 | The Legal Intelligencer

One of the first concerns in a franchise relationship is the duration of the relationship.

By Craig R. Tractenberg

9 minute read

June 08, 2009 | The Legal Intelligencer

Like personal relationships, some breaches of franchise agreements are more material than others. The Restatement (Second) of Contracts Section 241 looks first at the injured party to determine its expectation damages and whether it can be adequately compensated and then at the consequences to the defaulting party.

By Craig R. Tractenberg

6 minute read

October 27, 2004 | The Legal Intelligencer

The Commonwealth of Pennsylvania and the state of New Jersey both have laws intended to protect persons victimized by deceptive or unfair business practices. The Federal Trade Commission Rule was intended to protect purchasers of franchises. Contrary to conventional belief, these laws and regulations rarely grant a franchise purchaser a private right of action for being defrauded into entering a conventional franchise or distributorship.

By Craig R. Tractenberg

6 minute read

March 07, 2008 | The Legal Intelligencer

The telephone rang at 6 p.m.; just as I was putting the final flourishes on a brief that would cause spasms in my opponent's client. On the other end was Steve Lyons, assistant general counsel to MacBurgers International.

By Craig R. Tractenberg

7 minute read

April 27, 2005 | The Legal Intelligencer

Wall Street phenomenon Krispy Kreme Doughnuts Inc. is a franchise company undergoing restructuring. Its success, and ultimate restructuring, will likely depend on and exploit its savvy use of franchising as a method of distributing its products and services.

By Craig R. Tractenberg

6 minute read

August 18, 2004 | The Legal Intelligencer

On Friday, Feb. 13, the Ground Round Inc., a Boston-based operator of 70 company owned restaurants, suddenly closed, forcing diners to leave in the middle of their meals.

By Craig R. Tractenberg

7 minute read

August 09, 2010 | The Legal Intelligencer

The 3rd U.S. Circuit Court of Appeals decided a franchise related case on Aug. 2 that addressed judicial review of arbitration awards. In Paul Green School of Rock v. Smith, the court of appeals was called upon to review the confirmation of an arbitration award by the district court.

By Craig R. Tractenberg

5 minute read

August 23, 2006 | The Legal Intelligencer

When negotiating a settlement agreement to end litigation, a common dilemma is whether to insist on a confidentiality agreement. When the parties agree to keep the settlement confidential, the next issue becomes the remedy for breach. Few settlement agreements describe the parties' remedies for breach of the confidentiality provisions of the settlement agreement.

By Craig R. Tractenberg

6 minute read