Franchise
FTC Bans Employment Non-Competes Nationwide
Posted in Business & Commercial Law, Business & Corporate, Employment Law, Franchise, Legal Updates
After a year of uncertainty, the FTC has issued a Final Rule banning employment non-competes nationwide. The Commission has determined that non-competes themselves constitute an unfair method of competition in violation of Section 5 of the FTC Act. Citing to wage suppression, stifling innovation, and inhibiting start-up creation as factors,… Continue reading
McDonald’s Closure of Russian Locations Spotlights the Proper Way to Franchise Internationally
Posted in Business & Corporate, Franchise
Recently, McDonald’s has been receiving much attention for its closure of restaurants in Russia due to Russia’s aggression into Ukraine. As part of the coverage, news outlets have been reporting on some of the underlying infrastructure McDonald’s invested in as part of its efforts to expand into Russia. As noted in… Continue reading
Infrastructure Spending’s Impact On Franchise Sites
Posted in Condemnation & Eminent Domain, Franchise
Over the next five years, the federal government expects to spend over a trillion dollars on a wide range of infrastructure projects, including road widenings, bridge repairs, and upgrading mass transit and the power grid (to name a few). Some projects will require the government to exercise its power of… Continue reading
No-Poach Clauses in Franchise Agreements: The Saga Continues in 2022
Posted in Franchise
For the past few years, it seems franchisors have been riding a roller coaster when it comes to no-poach clauses in their franchise agreements. While for a time it seemed as though scrutiny for such clauses might be fading, on February 17, 2022, the Department of Justice (“DOJ”) filed a… Continue reading
The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now?
Posted in Employment Law, Franchise
Updated as of 1/27/22 due to OSHA’s withdrawal of the Emergency Temporary Standard (ETS) The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022, the United States Supreme Court, in a 6-3 majority decision, dealt a… Continue reading
What to do When Your Franchisee Files for Bankruptcy
Posted in Bankruptcy & Creditor's Rights, Franchise
With the economic downturn caused by COVID-19, many expected a tidal wave of commercial bankruptcy filings. After an initial spike of retail bankruptcy cases at the outset of the pandemic, the onslaught of bankruptcy has not yet materialized. Whether due to PPP loans, other available credit, modification and forbearance agreements,… Continue reading
Deferral Agreements – Considerations for Extending Relief to Troubled Franchisees
Posted in Franchise
Deferral agreements, or workout agreements, are a favorable option for franchisors seeking to restructure and manage the obligations of a struggling franchisee before more draconian measures, such as termination of a franchise agreement and litigation. These agreements allow parties to agree to restructured conditions under a franchise agreement and/or postpone… Continue reading
FTC Issues Penalty Offenses Concerning Money Making Opportunities to Hundreds of Franchise Companies
Posted in Business & Corporate, Franchise
The Federal Trade Commission (“FTC”) has kept itself busy as of late, issuing a series of notices to over 1,000 businesses (many of them franchise companies) advising them that they could face civil penalties for conduct that the FTC has deemed unlawful. The Notice of Penalty Offenses Concerning Money-Making Opportunities… Continue reading
Adam Siegelheim, Esq. Recognized as Franchise Times “Legal Eagle” for 2016
Posted in Franchise, Stark News
Stark & Stark would like to congratulate Shareholder Adam J. Siegelheim, Chair of the firm’s Franchise Practice, for being named by Franchise Times Magazine as a 2016 Legal Eagle. Mr. Siegelheim was even selected as a featured Legal Eagle. Legal Eagles are selected each year from nominations by their clients and peers and are recognized as… Continue reading
Three Shareholders Recognized as Franchise Times “Legal Eagles” for 2015
Posted in Franchise, Stark News
Stark & Stark would like to congratulate Shareholders Adam J. Siegelheim, Rachel L. Stark and Eric S. Goldberg, members of the firm’s Franchise Group, for being named by Franchise Times Magazine as Legal Eagles for 2015. Legal Eagles are selected each year from nominations by their clients and peers and are recognized as the top lawyers in… Continue reading
