Craig R Tractenberg

August 27, 2003 | The Legal Intelligencer

Two recent cases illustrate the ease with which fraud claims against franchisors survive motions to dismiss, but rarely survive summary judgment. In each case, groups of franchisees claim they were defrauded by the franchisor's business plan. The complaint alleges that had the truth been known, the franchisees would not have purchased the franchise, or in the alternative, have acted to their detriment.

By Craig R. Tractenberg

6 minute read

June 25, 2002 | The Legal Intelligencer

Picture a retail business that executes its mission perfectly. Every customer is pleased and happily spends every discretionary dollar there. At a restaurant, the customer experience is optimal. Every employee welcomes the customer and is happy to go to work. The exact amount of staffing is available for the customers arriving that hour. Even the temperature of the room, as well as the food, is exactly right. Every product offered is in stock in sufficient quantity and is a better value than if purchased el

By Craig R. Tractenberg

4 minute read

August 22, 2007 | The Legal Intelligencer

What happens when a single company acquires competitors in the same industry? Brands in the same industry are often consolidated to increase economies of scale, buying power and to reduce transaction costs.

By Craig R. Tractenberg

6 minute read

October 26, 2005 | The Legal Intelligencer

Doughnut companies are on the auction block. Multinational corporations are looking for sweet deals. An entire industry concentrated in doughnuts and franchising will probably have new owners next year. Billions of dollars will change hands, and so will the way doughnuts are sold in the world.

By Craig R. Tractenberg

6 minute read

December 29, 2008 | The Legal Intelligencer

What is the biggest sea change for retailing and franchising? We can learn a lot from research conducted in shopping malls and restaurants about new trends.

By Craig R. Tractenberg

6 minute read

November 01, 2005 | Corporate Counsel

Somebody better let Homer Simpson know: Doughnut companies are on the auction block. Billions of dollars will change hands and so will the way doughnuts are sold worldwide, because Dunkin' Donuts' and Krispy Kreme Doughnuts are going through big corporate changes. When it's all over, Dunkin' Brands will have a new owner, and probably a new strategic partner, and Krispy Kreme will eventually come out of restructuring with a new marketing plan and new management, at the least. Do you think Homer will apply?

By Craig R. Tractenberg

6 minute read

June 25, 2008 | The Legal Intelligencer

The Federal Arbitration Act, Title 9 U.S.C. Section 1, et. seq., articulates a national policy that prefers arbitration to litigation where the contract affects interstate commerce. Section 2 of the act allows federal enforcement of agreements to arbitrate "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract."

By Craig R. Tractenberg

8 minute read

August 24, 2005 | The Legal Intelligencer

Can you recall any unforgettable telephone numbers? Some telephone numbers are memorable because of how they are incorporated into a radio jingle. Others are vanity numbers that spell out the product or service through alphanumeric characters. The telephone numbers acquire a secondary meaning signifying a business that owns or provides a service.

By Craig R. Tractenberg

7 minute read

August 05, 2008 | New York Law Journal

Craig R. Tractenberg, a partner at Nixon Peabody, writes that arbitration clauses do often provide speedier, less expensive and more predictable results than litigation, but overly aggressive drafting leads to unnecessary criticism to this time tested alternative to litigation. As various locales treat the clauses differently, nationwide drafting of such clauses requires awareness and sensitivity to the judicial and regulatory environment, as well as a modicum of restraint.

By Craig R. Tractenberg

13 minute read

April 15, 2009 | The Legal Intelligencer

All companies with well-known brand names or trade secrets, and particularly franchise companies, need to seek an injunction from time to time. Where the parties to the dispute have agreed to resolve their dispute only by arbitration, obtaining an injunction can be a more complicated process.

By Craig R. Tractenberg

6 minute read