Winter 2012

Why Have the Rule? Recent Opinion May Decrease Compliance with FPR Disclosure Requirements

Vol. 15, No. 1

Why Have the Rule? Recent Opinion May Decrease Compliance with FPR Disclosure Requirements

In the recent decision of Ellering v. Sellstate Realty Systems Network, Inc., the court granted summary judgment in favor of the franchisor on a franchisee’s claim for statutory fraud under the Minnesota Franchise Act because of a “no reliance” clause in the parties’ franchise agreement. That decision, and other similar rulings nationwide, may have the unfortunate effect of implicitly encouraging franchisors to provide a financial performance representation outside of their FDD, despite a “negative disclosure” in Item 19, since they are unlikely to face civil liability even if the informal disclosures are false or misleading. Read more…

At the suggestion of Joe Fittante, the current Forum Chair, we have added this new “Pointers and Pitfalls” section. While open to all, this is a great opportunity for our newer members to get more involved in the Forum. Read more...

What integration clause language should you include in Item 17(t) of the FDD and in franchise and related agreements to avoid state comment letters? Read more...

What important differences should you keep in mind if you are a U.S. attorney assisting a franchisor with its expansion into Canada? Read more...

I hope you had a wonderful holiday season and your 2012 is off to a great start. During the holidays, many of us take time to reflect upon those things in our lives for which we are thankful. As I reflected on those things, I realized that many of them outside of my family are linked to the Forum on Franchising in one way or another. Read more…

In keeping with the established tradition of giving back to the host community, more than 30 forum attendees, friends and family members generously donated their time and/or money in support of The Moveable Feast as part of the Community Service Event at the Annual Forum in Baltimore. Read more…

35th Annual Forum on Franchising, October 3-5, 2012

Designed as a working tool for both corporate franchise lawyers and outside counsel, the Franchise Law Compliance Manual is a practical, comprehensive guide to establishing and maintaining a successful corporate compliance program. Read more...

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