Marc A Lieberstein

Marc A Lieberstein

August 21, 2024 | New York Law Journal

Amending New York's Franchise Law to Promote Franchise Growth

"New York businesses, and those who would like to do business in New York, should not have to conduct themselves under the cloud and uncertainty of New York's NYFSA," write Marc A. Lieberstein, David T. Azrin and Thomas M. Pitegoff.

By Marc A. Lieberstein, David T. Azrin and Thomas M. Pitegoff

6 minute read

October 25, 2023 | New York Law Journal

Artificial Intelligence and Franchising

In this article, Marc Lieberstein and Jon Neiditz define AI, explore its potential franchise uses and look at some currently pending AI regulations that may impact franchising.

By Marc A. Lieberstein and Jon Neiditz

5 minute read

August 23, 2023 | New York Law Journal

Franchisors and Vicarious Liability for Actions of Franchisees or Their Employees

In this article, Marc Lieberstein and Christopher Caiaccio discuss whether a franchisor may be held vicariously liable for the actions of a franchisee or the franchisee's employee in a wrongful death action and suggest ways a franchisor may be able to avoid such liability.

By Marc A. Lieberstein and Christopher M. Caiaccio

7 minute read

October 25, 2022 | New York Law Journal

A Peek Behind Recent No Poach Antitrust Actions in Franchising

Recent decisions involving no-poach/no-hire agreements between franchisors and franchisees have created uncertainty as to whether these entities can be liable for Section 1 antitrust violations, and which legal standards apply in such cases, creating substantial risk for franchisors and franchisees alike.

By Christina E. Fahmy and Marc A. Lieberstein

7 minute read

April 20, 2022 | New York Law Journal

Is Franchising Doomed? (Part 3)

Threats to franchising just keep on coming, particularly given recent developments on the issue of whether franchisors can be considered employers of their franchisees.

By Marc A. Lieberstein, Christopher Caiaccio and Desmond Dennis

6 minute read

February 22, 2022 | New York Law Journal

Franchising in the Metaverse

What is the Metaverse, and is it a place where franchising should go?

By Marc A. Lieberstein and Robert Potter

9 minute read

May 08, 2020 | New York Law Journal

Franchising During and After the Pandemic

In his Franchising column, Marc Lieberstein discusses what effect the current COVID‑19 pandemic is having on franchising and what the future will look like afterwards.

By Marc A. Lieberstein

7 minute read

February 20, 2020 | New York Law Journal

One Step Forward, Two Steps Back … That's Franchise Law Right Now

It not clear that laws should be made based on cases involving one franchisor, but lately it seems that McDonald's is at the center of some important legal issues for franchising in the United States.

By Marc A. Lieberstein, Kitt Shipe and Chris P. Bussert

8 minute read

November 19, 2019 | New York Law Journal

Fair Workweek Laws: Coming Soon to a Neighborhood Near You

Fair workweek laws generally require large food and retail establishments to provide predictable work schedules and additional compensation for certain types of schedule changes and shifts. Due to the significant number of franchise businesses in the industries covered by these laws, understanding and complying with them is important for franchisors and franchisees alike.

By Marc A. Lieberstein, Kitt Shipe and Desmond M. Dennis

10 minute read

October 23, 2003 | National Law Journal

Cases applying 'TrafFix' focus on functionality

The U.S. Supreme Court's decision in TrafFix Devices Inc. v. Marketing Display Inc., highlighted the important coexisting relationship between federal trade dress protection and patent protection for product configurations.

By Douglas A. Miro and Marc A. Lieberstein Special to The National Law Journal

9 minute read