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Have you ever been in a situation where you think someone has breached a contract, but you’re not sure how to prove it legally? You may have asked “Did I get what I bargained for?” Or maybe the question was whether the buyer is correctly interpreting how the monthly...
Franchise operations can be profitable business opportunities for both franchisors and franchisees, but like any business venture, they are not without risk. One risk is that a dispute and litigation will arise between the franchisor and the franchisee. The cases discussed above are presented as “real-life” examples of franchise-related litigation, which can involve a wide range of issues from contract interpretation to antitrust and misrepresentation claims to unconscionability of an arbitration clause.
The Federal Trade Commission’s Franchise Rule requires that a franchisor provide a lengthy and detailed Franchise Disclosure Document (the “FDD”) to a buyer before the buyer purchases a franchise. The Franchise Rule establishes 23 categories of information or “items”...
Owning a franchise provides franchisees with the opportunity to own a business and succeed in that business. But running a franchise operation also requires knowledge and experience as well as business and legal savvy. The Franchise Disclosure Document is intended to provide business people interested in purchasing a franchise with full disclosure of the franchise opportunity, the downside risks, and the upside potential of purchasing a franchise. For those who are new to owning a franchise or running a business, the best approach is to discuss the FDD with an attorney before signing a franchise agreement.
Bilateral and unilateral contracts are the two most-basic types of contracts. The difference between the two is that bilateral contracts involve an exchange of promises between the parties and unilateral contracts involve a promise of something (an offer) that is accepted by performance. The distinction can be important because, in a unilateral contract, the offer can be changed at any time prior to acceptance by performance.
In 2024, the Federal Trade Commission (FTC) adopted clear rules that affect online reviews and endorsements. Under the rules and guidance on endorsements and testimonials, businesses could face potential liability for online reviews, endorsements, and other practices that are deceptive or misleading. But a business can stay compliant and maintain its reputation by understanding the basic principles set forth in…
Small- and medium-sized businesses frequently seek loans to sustain and expand their operations, yet the loan application process can seem daunting. Although business owners may need to provide extensive financial details, they may not fully understand the bank’s evaluation process. Several online resources explain that banks assess business loan applications based on the “Five Cs of Credit” (character, capacity, capital,…
Even your secret BBQ sauce could be a trade secret! All businesses have a need to protect information considered proprietary or confidential information. Other businesses have trade secret information that is directly related to a product or service that generates income. This information, especially trade secret information, can be essential to finding a competitive edge and must be protected to…
The Family Medical Leave Act (“FMLA”) is a federal law that applies to employers with 50 or more employees and gives employees the right to unpaid leave for certain family or medical reasons, along with a right to return to their job or an equivalent position. If an employee’s leave request qualifies for FMLA leave, the employer must grant up…
In some business deals, the value of an attorney’s contract review cannot be overstated. Businesses rely on contracts every day for parts, supplies, and services that are essential to their operations and financial success. Contracts establish the benefit of the bargain to be received by each party, define the relationship between the parties, set terms, obligations, and conditions, and protect…