Franchise Lawyer Blog

Franchise Lawyer Blog
  • Working for the Competition - How State Legislation Banning or Limiting Enforcement of Non-Compete Agreements May Affect Your Franchise

    The subject of non-compete agreements, a hot-button issue in franchising, has come to a head in Massachusetts, where just yesterday, the House of Representatives voted unanimously to...

  • A Fifteen-Dollar Dilemma
    A hot topic facing many state and local legislatures across the country is whether to implement a fifteen-dollar minimum wage. This year, the States of California and New York passed...
  • Gift Card Programs - It's The Thought That Counts?
    For gift-givers, the gift card is the perfect solution to the man-who-has-everything, the birthday-you-forgot-about and for walking the tightrope of generous-but-slightly-impersonal required for say, the office gift pool or a...
  • Franchising Non-Competes
    It is safe to say that nearly all franchise agreements contain a covenant against competition, or a non-compete clause.  These clauses generally limit the activities a franchisee can engage in...
  • Franchising and Price Maintenance - Part One
    Antitrust law concerns itself in part with resale price maintenance (“RPM”), sometimes more harshly referred to as price fixing. Historically, “horizontal” price maintenance, that is, price agreements between two parties...
  • Franchisor/Franchisee Joint Employer Status
    The issue of franchisor/franchisee joint employer status continues to evolve. On August 27, 2015, the National Labor Relations Board (“NLRB”) issued a decision, commonly referred to as Browning-Ferris, which altered...
  • Franchise Franchised Franchising
    The title of this blog post is of course a shameless play for search engine optimization. But it also serves to illustrate a point. At Einbinder & Dunn, we have...
  • Legal Eagles
    Congratulations to Michael Einbinder and Julie Lusthaus, both recently named to the Franchise Times Magazine’s Legal Eagle Hall of Fame. The magazine designates a limited number of top franchise attorneys...
  • Glossary of Franchise Terms, Part 1

    We find in our discussions with clients, potential clients and other interested parties that we frequently use terms of art in the franchising field whose meaning may not be...

  • Food for Thought
    Late last year, the Huffington Post reported that Jimmy Johns sandwich shops have included a noncompete clause in its contracts with company sandwich makers and delivery people. While these clauses...
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