August 01, 2024 | New York Law Journal
'Responsible Franchising'? What It Is Depends on Where You Sit"From where I sit, responsible franchising needs to do far more than tell people that 'the franchisor can change the system and it might cost you money,'" writes Ronald K. Gardner.
By Ronald K. Gardner
6 minute read
April 05, 2024 | New York Law Journal
How Franchisor Conduct Drives Franchisee Association PrioritiesThis article addresses the importance of creating and best utilizing collaborating franchisee associations. Unfortunately, that task is made difficult by franchisors who do not understand the role they play in setting franchisee association agendas and political dynamics.
By Ronald K. Gardner
5 minute read
November 22, 2023 | New York Law Journal
Were Franchisees Sold Out?Over the past several years, franchisors and their advocates have created a "monster in the closet" mentality about the prospect of joint employer liability. multiple franchisor advocates have proclaimed the joint employer doctrine, if extended to franchisors, would destroy the franchise model.
By Ronald K. Gardner
6 minute read
August 03, 2023 | New York Law Journal
The Waiting Game: FTC's Franchise Rule ReviewWhile I don't have a crystal ball or any direct line of communication that gives me more insight than the next person, it seems likely there will be some significant changes to how the Franchise Rule has operated since its inception. As a franchisee advocate, there are a few things I would hope we can almost all agree would make sense.
By Ronald K. Gardner
6 minute read
April 06, 2023 | New York Law Journal
The Giant Has Awoken: Franchisors in FTC's CrosshairsAlmost four years ago (and a couple of times since then), I predicted in these very pages that if franchisors did not cease their endless attack on any effort to be regulated, even in the face of the most egregious conduct, the consequences might result in significant change in the regulations and legislation that control both the sale of franchises and the relationship between franchisors and franchisees.
By Ronald K. Gardner
6 minute read
July 28, 2022 | New York Law Journal
Unrest at McDonald's: A Harbinger of Things To Come?Whether McDonald's is a harbinger for other systems or whether or not it can get back to being the gold standard is something we will all have to watch.
By Ronald K. Gardner
6 minute read
March 30, 2022 | New York Law Journal
A Rebalance of Power?There is, for the first time in two decades, some good news for those interested in the protection of franchisees and their financial investments.
By Ronald K. Gardner
6 minute read
November 22, 2021 | New York Law Journal
In Difficult Seas, the Wind of ChangeThe unfair balance that franchisees have faced for years is finally getting the notice of the federal government.
By Ronald K. Gardner
6 minute read
August 06, 2021 | New York Law Journal
The Development DilemmaAs the pandemic begins to recede, many franchisors are seeking to push their existing franchisees to develop quickly. From the point of view of the franchisees, however, there are some counterbalancing forces in the economy that make this push one that starkly illustrates the difference between a franchisor's interest in driving overall topline sales of the system, and the franchisee's need to be concerned about the bottom-line profitability of each unit that is in operation. Ronald Gardner explores the factors at play in this edition of his Franchising column.
By Ronald K. Gardner
7 minute read
March 30, 2021 | New York Law Journal
The Dark Side of Today's Development PushFranchisors in all sectors have begun to survey their estate, and the consequences that have befallen them as a result of closures occasioned by 2020 and beyond. In his Franchising column, Ronald Gardner describes how clients have been faced with draconian choices.
By Ronald K. Gardner
6 minute read
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