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Background Jump Swim is an Australian-based franchisor that sells franchises to franchisees wishing to operate their own Jump Swim School to supply learn-to-swim services to children. According to its website [...]

Legal battles over the antitrust treatment of no-poach agreements continue to escalate with new district court decisions and new pronouncements from two 'titans' of antitrust policy, the Department of Justice [...]

In Meadow Enterprises Inc. v Quizno's Canada Restaurant Corporation,1 the franchisee, Meadow Enterprises Inc. commenced a claim for damages for breach of its franchise agreement with the franchisor, Quizno's Canada [...]

In the recent decision of Churchill Falls (Labrador) Corp. v. Hydro Québec,1 the Supreme Court of Canada engaged in a discussion regarding franchise law in a non-franchise context.The Issue Before [...]

On May 14, 2018, in 1680690 Ontario Inc. v. Print Three Franchising Corporation,1 the Ontario Superior Court of Justice dismissed a motion for summary judgment in a statutory rescission case [...]

States across the country have been using enforcement actions, legislation, and interpretive guidance to limit employers' ability to enforce restrictive covenants against low wage workers. The recent decision in Butler [...]

A recent Fair Work Ombudsman (FWO) investigation into fast food giant Pizza Hut has identified widespread non-compliance with the Fair Work Act 2009 (Cth). What you need to know: Following [...]

Is a franchisor liable as a 'statutory employer' under Pennsylvania law if its franchisee fails to obtain workers' compensation insurance? The Pennsylvania Supreme Court recently answered 'no' under the facts [...]

Introduction Automatic renewal provisions are common in franchise agreements, and the Quebec Court of Appeal recently addressed the previously unanswered question of whether a franchise agreement may include a clause [...]

On October 5, 2015, the Government of British Columbia introduced Bill 38, the Franchises Act, for first reading in the legislature. The Bill followed an extensive investigation into the regulation [...]

There are situations where commercial arrangements, not intended by the parties to be a franchisor/ franchisee relationship, have nonetheless been held by the courts to be such a relationship. A [...]

In our December newsletter, we wrote about the decision in MEDIchair LP v. DME Medequip Inc. where the Ontario Superior Court of Justice held that a restrictive covenant was reasonable [...]

Late last week, a unanimous panel of the United States Court of Appeal for the Ninth Circuit upheld the decision of Washington federal judge Richard A. Jones regarding the Seattle [...]

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald's. In December 2014, the NLRB's General Counsel filed thirteen complaints naming [...]

The Ontario Superior Court recently released its decision in Trillium Motor World Ltd. v. General Motors of Canada Limited,1 a class action brought on behalf of approximately 200 General Motors [...]

In a recently released decision of the Ontario Superior Court of Justice, Trillium Motor World Ltd. v. General Motors of Canada Limited, former automotive dealers were unsuccessful in their class [...]

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding boundaries of [...]

As expected, the National Labor Relations Board's Office of the General Counsel has filed an unfair labor practice complaint against a franchisor and some of its franchisees as joint employers. [...]

The South Korea Fair Trade Commission ('SKFTC') recently imposed the maximum possible penalty-1.9 billion won (approximately US$1.88 million)-on a South Korean franchise for violating the Fair Transactions in Franchise Business [...]

Plaintiffs have recently been stretching the limits of who is their employer for purposes of protection under state and federal employment laws. We recently reported about a case against 7-Eleven [...]

A recent case has confirmed that non-compete covenants and step-in rights given to the franchisor under a standard franchise agreement could be upheld against a franchisee on termination of the [...]

In this issue: Canada's New Anti-Spam Legislation to come into force July 1, 2014 Non-Competition Clauses May Bind Non-Arm's Length, Non-Signatories to a Franchise Agreement A Profitable Franchisee Can Obtain [...]

Byline: Lawyers USA Staff A hotel franchisor could not be held financially liable for the murder of a guest at a franchisee's hotel, the Mississippi Court of Appeals has ruled. [...]

Byline: Massachusetts Lawyers Weekly Staff Antitrust Chemical Protective Clothing Market Where a plaintiff manufacturer alleged that the defendants violated a Puerto Rico antitrust statute (10 P.R. Laws Ann. Sect. 264) [...]

Byline: Missouri Lawyers Weekly Staff Kansas City attorney Michael P. Healy won a $5 million verdict in his dealer franchise termination case on behalf of his client, Diesel Machinery, Inc., [...]

The Federal Court (the Court), in the decision of ACCC v Kyloe, has clarified the criteria set out in the Franchising Code of Conduct (the Code), which determines when an [...]

In The Charles Schwab Corporation and Subsidiaries v. Commissioner, 122 T.C. No. 10, 2004 U.S. Tax Ct. LEXIS 10 (Mar. 9, 2004) ('Schwab II'), the Tax Court held the taxpayer [...]

By Lewis G. Rudnick, Lee J. Plave and Tara Cope In a recent case from California, a federal trial court in California re-examined an issue that was central to a [...]

Major oil companies--and some jobbers--are likely to find themselves in legal hot water if two court cases underway in the Northwest end in victories for the retailers who are suing. [...]

On 27 August 2008, the much anticipated decision of the High Court in Master Education Services Pty Ltd v Ketchell [2008] HCA 38 was handed down. The joint and unanimous [...]