Marc Lieberstein

April 16, 2024 | New York Law Journal

This past March, the Supreme Court allowed a proposed class action challenging McDonald's use of no-poach provisions in its franchise agreements to move forward, and denied McDonald's petition to review a ruling from the Seventh Circuit that revived the case last summer.

By Marc Lieberstein and Brodie D. Erwin

10 minute read

February 20, 2024 | New York Law Journal

In this article, Marc Lieberstein and Chris Caiaccio discuss recent legislative developments that represent the clearest attack on the franchise model to date that may present challenges to the growth of franchising in the year ahead.

By Marc Lieberstein and Chris Caiaccio

10 minute read

April 18, 2023 | New York Law Journal

A relatively recent trend indicates that state regulators in franchise registration states are conducting state trademark searches and advising franchise owners, who are filing applications to offer and sell franchises in those registration states, that a local third party already operates in the state under the same or similar trademark as the franchise.

By Marc Lieberstein and Bill Bryner

6 minute read

February 14, 2023 | New York Law Journal

The newly established Copyright Claims Board (CCB), a "small claims" tribunal located in the Copyright Office could change how franchise parties view copyrights by offering a less costly and more expedient copyright enforcement alternative, write contributors Marc Lieberstein and Anna Antonova.

By Marc Lieberstein and Anna Antonova

7 minute read

August 25, 2022 | New York Law Journal

Franchisors and franchisees should collaborate and coordinate their online activities to provide for security and control over the franchises valuable proprietary commercial and consumer data.

By Marc Lieberstein and Raymond Aghaian

6 minute read

September 28, 2021 | New York Law Journal

There is no simple way to guarantee compliance with so many privacy laws, but in their Franchising column, Marc Lieberstein, Amanda Witt and Tony Glosson offer some general guidance for franchisors and franchisees.

By Marc Lieberstein, Amanda Witt and Tony Glosson

10 minute read

May 20, 2021 | New York Law Journal

There is new legislation being proposed at state and federal levels that seeks to address a myriad of wage and labor issues resulting from the pandemic. It's important to know what the legislation provides, consider the consequences, and determine the manner in which franchising parties may avoid or mitigate them, if necessary.

By Marc Lieberstein, Kitt Shipe and Chris Caiaccio

9 minute read

February 11, 2021 | New York Law Journal

Although many portions of the the Trademark Modernization Act of 2020 won't become effective until Dec. 27, 2021, it is the most significant trademark legislation since the landmark Trademark Law Revision Act of 1988.

By Christopher P. Bussert and Marc Lieberstein

9 minute read

September 25, 2020 | New York Law Journal

Franchising columnists Marc A. Lieberstein and Kitt Shipe discuss franchise opportunities and whether they are doing enough to combat climate change with sustainability efforts and environmentally safe polices.

By Marc Lieberstein and Kitt Shipe

7 minute read

September 05, 2019 | New York Law Journal

During the last two years, franchisors have been facing courts and legislatures that appear to be increasingly hostile to franchising, as greater numbers of franchisor-franchisee relationships are being deemed to be franchisor-employee relationships. This column summarizes some of the most serious recent challenges to the franchise business model.

By Marc Lieberstein

9 minute read