David J Kaufmann

October 14, 2016 | New York Law Journal

Franchising columnist David J. Kaufmann offers a look at judicial decisions promulgated over the past year (two involving cases of first impression) clarifying and addressing: the rights and responsibilities of franchisees under the Americans with Disabilities Act; the antitrust implications of a franchisor heeding a franchisee's request that another franchise not be renewed; and how a New York Franchise Act statutory fraud claim must be addressed.

By David J. Kaufmann

13 minute read

August 24, 2016 | New York Law Journal

In his Franchising column, David J. Kaufmann offers a critique of a "Voluntary Agreement" the franchisor of Subway restaurants entered with the U.S. Department of Labor's Wage and Hour Division under which Subway pledged to take steps to ensure that its franchisees comply with wage-and-hour laws. The steps it pledges to take, writes Kaufmann, are the type of activity deemed by the NLRB as rendering franchisors the "joint employers" of their franchisees' employees, specifically in the pending case launched against McDonald's Corporation two years ago.

By David J. Kaufmann

11 minute read

June 16, 2016 | New York Law Journal

In his Franchising column, David J. Kaufmann writes: With the International Franchise Expo in town at the Javits Center, thousands of prospective franchisees will be evaluating hundreds of franchises being offered. But what is the most critical, indispensable and helpful step in evaluating whether to acquire franchise rights from any given franchisor? The answer is simple: a thorough review of the franchisor's Franchise Disclosure Document.

By David J. Kaufmann

8 minute read

April 21, 2016 | New York Law Journal

In his Franchising column, David J. Kaufmann writes that two integral provisions of the New York Franchise Act came under judicial scrutiny of late: the penalties to be imposed upon a franchisor which fails to furnish disclosure to a franchisee within the time prescribed by the act and when the act's "isolated franchise sale" exemption from registration may be invoked.

By David J. Kaufmann

15 minute read

February 29, 2016 | New York Law Journal

In his Franchising column, David J. Kaufmann writes: A number of conflicting decisions over the past year and a half concerning whether provisions prohibiting waiver of duties or liabilities under the New York Franchise Act prohibit franchisors from interposing franchisee "non-reliance" franchise agreement disclaimers when confronting fraud actions brought under the act makes clear that this critical area of law will remain muddied until New York's appellate courts, and conceivably the Court of Appeals, decisively rule on the subject.

By David J. Kaufmann

14 minute read

January 13, 2016 | New York Law Journal

David J. Kaufmann writes: The Stipulated Order resolving an FTC enforcement action related to hackers breaching the Wyndham Hotels and Resorts network and obtaining the personal and financial data of hotel guests should prove of great comfort to franchisors nationwide who now face, or in the future may face, similar actions relating to data breaches occurring in their networks.

By David J. Kaufmann

5 minute read

January 12, 2016 | New York Law Journal

David J. Kaufmann writes: The Stipulated Order resolving an FTC enforcement action related to hackers breaching the Wyndham Hotels and Resorts network and obtaining the personal and financial data of hotel guests should prove of great comfort to franchisors nationwide who now face, or in the future may face, similar actions relating to data breaches occurring in their networks.

By David J. Kaufmann

5 minute read

December 22, 2015 | New York Law Journal

In his Franchsing column, David Kaufmann of Kaufmann Gildin & Robbins analyzes how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and addresses the recent NLRB decision 'Browning-Ferris Industries of California,' which greatly expands who may be deemed a 'joint employer'.

By David J. Kaufmann

12 minute read

December 21, 2015 | New York Law Journal

In his Franchsing column, David Kaufmann of Kaufmann Gildin & Robbins analyzes how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and addresses the recent NLRB decision 'Browning-Ferris Industries of California,' which greatly expands who may be deemed a 'joint employer'.

By David J. Kaufmann

12 minute read

October 22, 2015 | New York Law Journal

David J. Kaufmann writes: The "progressive" attack on alleged economic disparity—reflected in efforts to secure increases in the minimum wage and to bolster the fortunes of labor unions whose memberships are declining—has invaded the franchise arena and threatens to cripple franchising.

By David J. Kaufmann

10 minute read