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Franchise and Distribution
From Brazil From Brazil to the United States: to the United States: Franchising in the USA , by
Carl E. Zwisler.
Presntation on Franchising in the USA.
This article describes: economic activity in franchised businesses, disadvantages of the USA market, qualifications a company should have before entering the USA market, What should a company know about U.S. laws, U.S. laws and legal system that affect business and etc.
Non-Specific.
86 pages. Written:
2008. Added:
7-04-2008.
www.haynesandboone.com
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Franchise and Distribution
Franchisors Should Consider Using FPRs (formerly Earnings Claims), by
Gary R. Duvall .
Two trends, discussed below, may increase the percentage of franchisors who will be using financial performance representations. First, the general availability of cost-effective financial reporting software that communicates easily between franchisee and franchisor. Second, the new FTC Rule allows more information to be given to prospective franchisees outside Item 19 of the FDD.
Non-Specific.
1 pages. Written:
2008. Added:
6-29-2008.
www.dorsey.com
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Franchise and Distribution
Fork in the road - Important termination considerations, by
Billy M. Donley and David R. Jarrett.
The franchisor/franchisee relationship always begins friendly enough. Each party is excited about the prospects that lie ahead, often with good reason. It all tastes like a recipe for certain success. Even with all of this and a dose of good intentions, the relationship may hit the rocks at some point down the road.
Non-Specific.
1 pages. Written:
2008. Added:
4-02-2008.
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Franchise and Distribution
Franchising After Leegin: A License to Fix Prices?, by
Michael J. Lockerby.
For decades, many franchisors and manufacturers have struggled with how to prevent discounting by franchisees, dealers, & distributors. This article concludes with some recommended best practices for franchisors and manufacturers that have determined that discounting will undermine rather than strengthen their franchising and distribution systems.
Non-Specific.
7 pages. Written:
2007. Added:
3-13-2008.
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Franchise and Distribution
Arbitration Fairness Act of 2007: A Trial Lawyer's Dream, A Client's Nightmare, by
Michael J.Lockerby & Kimberly J. Shur.
This articles helps to educate about the importance of franchising to the U.S. economy.
Non-Specific.
5 pages. Written:
2007. Added:
3-13-2008.
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Franchise and Distribution
Piracy & Brand Awareness, by
Louis S. Ederer, Ian Kirby, John Maltbie, Alan Veronick and Rochelle Pizer.
Continuing in its modern form of counterfeiting, this special report has a wide array of interesting articles on the subject from Spain to Beijing, and expert practitioners from leading international law firms give their views on how to fight these IP thieves.
Non-Specific.
8 pages. Written:
2007. Added:
3-13-2008.
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Franchise and Distribution
The Pros and Cons of Arbitration Clauses in Distribution Agreements, by
Kelli A. Taffora.
Survey of considerations for using alternative dispute resolution in distribution agreements.
Non-Specific.
42 pages. Written:
2005. Added:
10-16-2007.
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Franchise and Distribution
New american franchise rule eases access to lucrative u.s. Franchise market, by
Carl E. Zwisler.
U.S. franchise laws do not discriminate against foreign companies. Foreign based franchisors must follow the same rules as every U.S. based franchisor. Because of amendments to U.S. federal franchise disclosure rules which become effective July 1, 2007, the gates of America’s glass fortress are opening to foreign franchisors.
Non-Specific.
6 pages. Written:
2007. Added:
8-02-2007.
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Franchise and Distribution
Unintentional Franchising, by
Mark Miller.
The focus of this Article is on honest businesses that do not realize they may be legally regulated as “franchisors” “business opportunity sellers” & subject to potentially awful consequences due to noncompliance. This Article first discusses federal & other states’ laws, then Texas Business Opportunity Act (BOA), & finally, practical & litigation.
Non-Specific.
62 pages. Written:
2005. Added:
5-05-2007.
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Franchise and Distribution
State Income Tax Uncertainty Plagues Franchisors, by
Michael J. Wynne and Rochelle Spandorf.
For franchisors, extending Geoffrey’s
nexus approach to third-party licenses
has enormous implications, because
every franchise includes a trademark
license. In states adopting Geoffrey’s
nexus standard, franchisors might owe
income taxes on franchise fees paid by
in-state franchisees.
Non-Specific.
2 pages. Written:
2006. Added:
3-20-2007.
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Franchise and Distribution
Revenue Recognition Rules for Franchise Fees, by
Gerald C. Wells.
The past few years have seen a number of companies with accounting problems stemming from improperly recognized revenue. To avoid these serious consequences, franchisors and franchisees need to be savvy about the concept of revenue recognition and know the basic rules.
Non-Specific.
2 pages. Written:
2006. Added:
3-20-2007.
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Franchise and Distribution
E-Sign and E-Disclosure: Risks and Rewards, by
Gary R. Duvall.
The federal law designed to facilitate electronic commerce, the Electronic Signatures In Global and National Commerce
Act. Many franchisors are using electronic
disclosure on Web sites, by CD-ROMs and by email.
Non-Specific.
2 pages. Written:
2006. Added:
3-20-2007.
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Franchise and Distribution
Franchise transfer, succession and renewal issues, by
Robert Calihan, Esq., Steven Emmons, Rochelle B. Spandorf, Esq., Craig Tractenberg, Esq..
In all situations involving the ownership of assets, owners need to be concerned about
the terms and conditions under which the assets can be transferred to third parties. Under any of these circumstances, a franchisor might have an objection to the transfer.
Non-Specific.
78 pages. Written:
2005. Added:
3-20-2007.
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Franchise and Distribution
Counseling a start-up franchisor american bar association forum on franchising, by
Michael H. Seid.
Clients, new to franchising, have read in the popular franchise and business opportunity magazines about the unbridled success of franchising. They anticipate that since all the franchisors they read about have had accelerated growth that they will also have rapid growth and can even go international in a few years.
Non-Specific.
45 pages. Written:
2005. Added:
3-20-2007.
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Franchise and Distribution
Mexico Amends Its Franchise Law..., by
Kendal Tyre.
Franchisees who receive disclosure
documents with omissions or inaccurate
disclosures may either sue the
franchisor for damages within one year
after they sign the franchise agreement
or void their franchise agreement at
any time up to ten years after execution
of the franchise agreement.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
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Franchise and Distribution
Holdover Franchisees, by
Thomas J. Oppold.
Nexus cases involving intellectual
property licenses have traditionally
focused on perceived tax avoidance by
affiliated licensors and licensees. But
states are awakening to Geoffrey’s
potential application to arm’s-length
licensing transactions between unrelated
third parties in which tax avoidance is
not an issue.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
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Franchise and Distribution
New Bankruptcy Code Provisions Change the Calculus for Franchisors and Franchisees, by
Holly R. Shilliday.
This article addresses two aspects
of the Act: the right of trade creditors,
including franchisors and suppliers
who sell products to franchisees and
franchisors, to reclaim goods delivered
pre-petition, and changes regarding the
treatment of commercial real estate leases
under the Act.
Non-Specific.
2 pages. Written:
2005. Added:
3-20-2007.
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Franchise and Distribution
State Income Tax Uncertainty Plagues Franchisors, by
Michael J. Wynne and Rochelle Spandorf.
Nexus cases involving intellectual
property licenses have traditionally
focused on perceived tax avoidance by
affiliated licensors and licensees. But
states are awakening to Geoffrey’s
potential application to arm’s-length
licensing transactions between unrelated
third parties in which tax avoidance is
not an issue.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
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Franchise and Distribution
Franchising” a Non-Profit Organization, by
Philip F. Zeidman.
A marketing system for creating an image in
the minds of customers about a company’s
products & services. These are common descriptions of commercial franchising, now so large a component of for-profit businesses. Less well recognized is that the
franchising model can be just as relevant
in the non-profit sector.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
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