February 09, 2009 | The Legal Intelligencer
Franchise Growth and Leverage in a Down EconomyEroding 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
Interim Relief and Emergency Operations Plans for FranchisesProvisional 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
Renewal Obligations, Terms and Other IssuesOne 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
Does Notice Need To Be Given for Incurable Defaults?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
Consumer Protection Laws Rarely Protect FranchiseesThe 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
Mediate, Arbitrate and Fulminate: A Hypothetical LessonThe 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
The Role of Franchising for Krispy Kreme DoughnutsWall 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
From Victims to Victors: Buying the FranchisorOn 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
What Is the Standard of Review of Arbitration Awards?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
A Lesson in Settlement Agreements: Anticipate BifurcationWhen 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
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