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It will soon be that time of year when we will be working with our franchisor clients to prepare the required year-end updates to their Franchise Disclosure Document and file state registration renewal applications. The FTC Rule requires that all franchisors update their FDDs within 120 days of their fiscal year end, which for most of our clients in December 31.
The North American Securities Administrators Association (“NASAA”) Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments (“NASAA Statement of Policy”) became effective on January 1, 2023. As we discussed in our last blog, the NASAA...
On September 18, 2022 the North American Securities Administrators Association (“NASAA”), the association to which state franchise regulators belong, issued a Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments that are commonly used...
Is it a new day for enforcement of the FTC Franchise Rule by the Federal Trade Commission? There have been some recent activities that may indicate that they plan to become more aggressive about enforcement against franchisors for violations of the FTC Franchise...
The typical franchise agreement arrangement between the franchisor and the franchisee is the granting of a single unit franchise whereby the franchisor grants to the franchisee the right to establish and operate a single franchise business at one location or within...
There has been a national trend to limit the enforceability of restrictive covenants, namely non-competition and non-solicitation agreements. In a non-competition agreement, an employee agrees not to compete with the employer for a specified period of time after...
Earlier this year I wrote a blog about Racial Equity. As a female Asian American, I am keenly sensitive to issues of diversity and inclusion. In May I participated in the 21-Day AAPI Racial Equity Habit-Building Challenge that the American Bar Association (ABA),...
Recent articles have indicated that there is going to be surge in franchise sales in the next two to three years as we are on our way to coming out of the pandemic. Of course, the pandemic has impacted some franchise systems more than others based on the nature of...
In May, I celebrated 5 years as an Associate Attorney with (formerly Carter & Tani) and 5 years as a franchise attorney. While the learning curve was steep, in these past 5 years I have developed a passion for franchise law and...
As a transactional attorney, especially one with experience representing small retail businesses, I often consider my audience with whom I am interacting, whether it be another attorney, a sophisticated investor, or a business owner. Each of them brings a different...