David J Kaufmann

October 17, 2023 | New York Law Journal

When franchising burst on the American economic scene in the 1950s and 1960s, no franchise-specific laws, rules or regulations were there to greet it. This article provides an overview of the laws, rules and regulations that have since developed that govern franchising in the United States.

By David J. Kaufmann

9 minute read

May 30, 2023 | New York Law Journal

Unless the Federal Trade Commission desires a repeat performance of having the judiciary declare that the commission has absolutely no authority to do what it seemingly wants to do— regulate the contents of franchise agreements and the franchisor-franchise relationship itself— the FTC may find it wiser to stay in its lane.

By David J. Kaufmann

9 minute read

March 15, 2023 | New York Law Journal

While only a few of the franchise regulating states have begun the administrative proceedings necessary to formally adopt the NASAA Statement of Policy as governing in their jurisdictions, nevertheless you should be aware that every franchise regulating state's examiners will be on the lookout for these now-prohibited franchise agreement provisions.

By David J. Kaufmann

6 minute read

December 28, 2022 | New York Law Journal

This column discusses recent cases tackling questions of exemption, damages, and statute of limitations.

By David J. Kaufmann

11 minute read

September 12, 2022 | New York Law Journal

The FAST Act appears to this author to be patently illegal.

By David J. Kaufmann

10 minute read

April 18, 2022 | New York Law Journal

In a potentially quite serious blow to franchising, the Supreme Judicial Court of Massachusetts recently held that Massachusetts' labor laws can be applied to the franchisor-franchisee relationship. Or, put more simply, that franchisees may be employees under Massachusetts law.

By David J. Kaufmann

10 minute read

March 10, 2022 | New York Law Journal

The decision is remarkable for utterly ignoring a decision from the very same court handed down just a little over three months earlier.

By David J. Kaufmann

8 minute read

November 30, 2021 | New York Law Journal

AB-257 would destroy franchising in California, turning it into an unrecognizable government-run enterprise.

By David J. Kaufmann

8 minute read

August 27, 2021 | New York Law Journal

The reach of franchise relationship laws is broad, subsuming many licensing and distributorship relationships not normally considered franchises, and penalties for statutory noncompliance can be dramatic.

By David J. Kaufmann

9 minute read

February 25, 2021 | New York Law Journal

AB-5 is a significant threat to franchisors and franchising.

By David J. Kaufmann

13 minute read