Craig R Tractenberg

February 21, 2019 | The Legal Intelligencer

The Federal Trade Commission (FTC) is requesting public comment on its trade regulation rule titled “Disclosure Requirements and Prohibitions Concerning Franchising” (the rule).

By Craig R. Tractenberg

6 minute read

January 24, 2019 | The Legal Intelligencer

The reason that planning is more important in franchising is because franchising leverages a business, which expands the horizon of the brand more than a single owner or operator could.

By Craig R. Tractenberg

4 minute read

December 27, 2018 | The Legal Intelligencer

Imagine operating a single restaurant. The food keeps bringing them in, and prices are relatively stable. Consumer confidence is high, unemployment low, discretionary income rising and people are going out more.

By Craig R. Tractenberg

5 minute read

November 23, 2018 | The Legal Intelligencer

The symbiotic relationship between franchisor and franchisee becomes most evident when a large franchisee is stressed.

By Craig R. Tractenberg

7 minute read

August 23, 2018 | The Legal Intelligencer

No-poach agreements contain clauses which prohibit the solicitation of employees. The party bound by such an agreement agrees not to compete with the employer for its employees and agrees not to solicit an existing employee to leave.

By Craig R. Tractenberg

5 minute read

July 19, 2018 | The Legal Intelligencer

Should all contract breach litigation be decided on who breached first? Perhaps that should be the rule on deciding complex commercial cases. It seems to work well to simplify complex fact patterns and responsibilities. Do all breaches have the same weight?

By Craig R. Tractenberg

1 minute read

April 26, 2018 | The Legal Intelligencer

Collecting the award starts with the beginning of the cross-border transaction, franchising or otherwise. By building a strong foundation for enforcement of the contract, the existing but inadequate legislation and case law can be used to successfully collect foreign awards.

By Craig R. Tractenberg

8 minute read

March 26, 2018 | The Legal Intelligencer

It is a win-win when the franchisor suggests or require that a franchisee have a succession plan.

By Craig R. Tractenberg

5 minute read

February 22, 2018 | The Legal Intelligencer

How can we help our clients build a chain of locations? Can our emerging clients ever compete with the big companies, the private equity companies, the multinationals with structured finance?

By Craig R. Tractenberg

6 minute read

January 25, 2018 | The Legal Intelligencer

Franchising requires a balance of entrepreneurial risk taking with adherence to a brand wide system. The system needs to be unique to draw customers but simple enough to be replicated across geographies. The brand needs to promise a reliable customer experience while entertaining innovations to keep mature customers interested while attracting new guests.

By Craig R. Tractenberg

5 minute read