Craig R Tractenberg

September 30, 2015 | The Legal Intelligencer

The National Labor Relations Board has targeted major franchise brands as joint employers. This effort is designed to assist employees deemed at the bottom of the pay scale, deemed "vulnerable." Targeting McDonald's Corp. as a joint employer with its franchisees is motivated by an articulated policy to facilitate effective bargaining over wages and working conditions. (See "NLRB Office of the General Counsel Issues Consolidated Complaints Against McDonald's Franchisees and Their Franchisor McDonald's USA LLC as Joint Employers," published by the NLRB on Dec. 19, 2014.)

By Craig R. Tractenberg

5 minute read

September 29, 2015 | The Legal Intelligencer

The National Labor Relations Board has targeted major franchise brands as joint employers. This effort is designed to assist employees deemed at the bottom of the pay scale, deemed "vulnerable." Targeting McDonald's Corp. as a joint employer with its franchisees is motivated by an articulated policy to facilitate effective bargaining over wages and working conditions. (See "NLRB Office of the General Counsel Issues Consolidated Complaints Against McDonald's Franchisees and Their Franchisor McDonald's USA LLC as Joint Employers," published by the NLRB on Dec. 19, 2014.)

By Craig R. Tractenberg

5 minute read

August 28, 2015 | The Legal Intelligencer

The medical bills exceeded the available insurance by $1 million, and the pain and suffering claim would be a multiple of the bills. The defense lawyers were at a loss on how to prevent the excess claim. Insufficient funds exist to cover this loss, and the franchise lawyers needed to go to work.

By Craig R. Tractenberg

6 minute read

August 28, 2015 | The Legal Intelligencer

The medical bills exceeded the available insurance by $1 million, and the pain and suffering claim would be a multiple of the bills. The defense lawyers were at a loss on how to prevent the excess claim. Insufficient funds exist to cover this loss, and the franchise lawyers needed to go to work.

By Craig R. Tractenberg

6 minute read

August 03, 2015 | The Legal Intelligencer

Encroachment is a term used in the franchise industry to describe sales and revenues being transferred from one location to another because of their proximity. If a new location is established near an existing franchise location, then it is possible that existing sales will be transferred from the old location to the new. Litigants sometimes claim the encroachment is so extensive so as to threaten the viability of the existing location. In these instances, claims have been asserted for constructive termination because the existing location is alleged to no longer be viable. More likely, the claim for constructive termination is not viable.

By Craig R. Tractenberg

5 minute read

August 02, 2015 | The Legal Intelligencer

Encroachment is a term used in the franchise industry to describe sales and revenues being transferred from one location to another because of their proximity. If a new location is established near an existing franchise location, then it is possible that existing sales will be transferred from the old location to the new. Litigants sometimes claim the encroachment is so extensive so as to threaten the viability of the existing location. In these instances, claims have been asserted for constructive termination because the existing location is alleged to no longer be viable. More likely, the claim for constructive termination is not viable.

By Craig R. Tractenberg

5 minute read

June 26, 2015 | The Legal Intelligencer

In any business purchase, investment, merger or acquisition, several threshold questions come to mind. What assets are being acquired? Where is the value in the target company? What liabilities are being acquired? How should these be valued for pricing and future growth? What will the acquirer do with the target company? How far can management take the new target?

By Craig R. Tractenberg

5 minute read

June 25, 2015 | The Legal Intelligencer

In any business purchase, investment, merger or acquisition, several threshold questions come to mind. What assets are being acquired? Where is the value in the target company? What liabilities are being acquired? How should these be valued for pricing and future growth? What will the acquirer do with the target company? How far can management take the new target?

By Craig R. Tractenberg

5 minute read

April 24, 2015 | The Legal Intelligencer

The franchise bar was shocked in 2011. The Massachusetts Supreme Judicial Court announced in Awuah v. Coverall North America, 2011 Mass. LEXIS 734 (Mass. Aug. 31, 2011), that the potential cost of misclassifying workers as franchisees in Massachusetts is significant, and that for a successful claimant, return of franchise fees, advertising fees, counsel fees and treble damages were available.

By Craig R. Tractenberg and Jessica Schachter Jewell

4 minute read

April 24, 2015 | The Legal Intelligencer

The franchise bar was shocked in 2011. The Massachusetts Supreme Judicial Court announced in , 2011 Mass. LEXIS 734 (Mass. Aug. 31, 2011), that the potential cost of misclassifying workers as franchisees in Massachusetts is significant, and that for a successful claimant, return of franchise fees, advertising fees, counsel fees and treble damages were available.

By Craig R. Tractenberg and Jessica Schachter Jewell

4 minute read