Craig Tractenberg

Craig Tractenberg

June 11, 2024 | New Jersey Law Journal

Supreme Court Decides That Federal Courts Should Stay Cases Subject to Arbitration

When claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the action, or should it stay the action pending resolution of the arbitration?

By Sarah Biser and Craig Tractenberg

5 minute read

February 05, 2024 | New Jersey Law Journal

Supreme Court Agrees To Hear Arbitration Case That Split Appeals Courts

Sarah Biser and Craig Tractenberg offer a summary of the federal court decisions that led to 'Smith v. Spizzirri,' an upcoming U.S. Supreme Court case.

By Sarah Biser and Craig Tractenberg

4 minute read

August 19, 2021 | The Legal Intelligencer

Franchise Brand Disputes—Keep It in the Family

Not everyone should franchise even though they can. Not every concept is perfect for franchising, nor are founders necessarily ready to be franchise leaders. Finding the compatible people to partner with you to franchise your concept may not be easy.

By Craig Tractenberg

6 minute read

July 23, 2021 | The Legal Intelligencer

Buying Franchising Companies: A Look at Drivers and Factors

This merger and acquisition activity is being related to the pandemic, and the optimism that flows from overcoming its challenges. We can see that the buyers and sellers fall into groups, each having different reasons and advantages for their business decisions.

By Craig Tractenberg

6 minute read

June 17, 2021 | The Legal Intelligencer

Reappraisal of Anti-Poaching and Noncompetes in Franchising

No-poach clauses and no-solicitation clauses are post-employment restrictions against competition. In franchise agreements, these clauses usually are drafted to prevent franchisees from raiding the employees of other franchisees or of the franchisor.

By Craig Tractenberg

6 minute read

May 25, 2021 | The Legal Intelligencer

Franchised Businesses Take Note: Biometric Privacy Laws and Liability

Technology has its privacy risks. Biometric privacy laws are becoming increasingly common. Following the model of the Illinois Biometric Information Privacy Act, New York City's biometric privacy law, which will become effective July 21, consumer establishments will have signs advising their patrons of their rights.

By Craig Tractenberg

5 minute read

April 23, 2021 | The Legal Intelligencer

Trademarks, Trade Dress and Franchising: Nothing Bundt Confusion

Many know the shape of the iconic Coca-Cola bottle, a registered trademark since 1976, serial no. 73088384, the McDonald's Golden Arches, serial…

By Craig Tractenberg

7 minute read

March 31, 2021 | The Legal Intelligencer

New Trademark Law Amendment Helps Franchise Businesses

The TMA makes several changes to federal trademark law, but for franchise businesses, the one big change is with respect to trademark enforcement and the presumption of irreparable harm.

By Craig Tractenberg

5 minute read

October 26, 2018 | The Legal Intelligencer

Reducing Your Risk When Growing Your System Abroad

Growth can be expensive, but it is always more expensive when the expansion is taken without risk assessment. Whether domestic or foreign, many risks can be reduced or avoided by proper consideration of differences between where you are now and where you want to go.

By Craig Tractenberg.

5 minute read

August 21, 2002 | The Legal Intelligencer

Government Enforcement of the Disclosure Rule Franchise Law

The Federal Trade Commission has obtained a temporary restraining order in the Eastern District of Pennsylvania against a local business to prevent future violations of the Franchise Rule in Federal Trade Commission v. Morrone`s Water Ice Inc. et. al., EDPA No. 02-3720. The Franchise Rule enacted under the rulemaking authority of the FTC requires a franchisor to provide prospective franchisees with a complete and basic disclosure statement containing 20 categories of information. This pre-sale disclosure of

By Craig Tractenberg

5 minute read