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Nearly every franchised business sells gift cards, and many of those cards are never redeemed. Although most consumers (and likely many franchisors and franchisees as well) assume this results in a windfall profit (the industry term is “breakage”) to the issuer of the cards, that is often not the case. Instead, converting unredeemed gift card sales to profit requires planning and careful analysis of applicable law. Read more. . .
Franchise renewal can be an unnerving event for franchisees. Based on what is generally a substantial personal investment, franchisees often assume that by purchasing a franchise, they can continue to operate it as long as they make their payments to the franchisor, even though they know the agreement is for a specified time period. We know this to be untrue, as most franchisors require a new agreement to be signed and a renewal fee to be paid (among other criteria) upon expiration. While many franchise relationship statutes impose conditions precluding a refusal to renew, the authors warn that such criteria are easily met, leaving the franchisee in a “take it or leave it” situation. Read more. . .
Do state laws requiring car dealerships to be independently owned serve a purpose in a world of e-commerce and evolving distribution platforms? The author looks at the past and future of traditional automobile franchises in light of Tesla Motors, Inc.’s recent challenges. Read more. . .
What should be the best arbitrators’ initial assumptions at the preliminary conference? Read more. . .
As my term as the Chair of the Forum draws to a close, I want to thank you for your support and encouragement over the last two years. It has been my highest privilege and greatest honor to serve as the Chair of the “preeminent forum for the study and discussion of the legal aspects of franchising.” It is a position that demands a great deal of time, effort and attention, but I am happy to report that the benefits of working with great people, building lasting relationships and being a part of a team that has navigated some rough waters to put the Forum on a course for future growth, far outweighs the challenges of the position. Read more. . .
It is hard to believe that this is my last issue as Editor-in-Chief of The Franchise Lawyer. I am proud of the changes we have made to TFL during my three-year tenure, including the return to print, the continued release of an electronic version and the addition of the new “Pointers & Pitfalls” section, and hope that they have increased the value of the publication to you. TFL is far bigger than one person, however, and never would have made it to your computer, hand-held device, tablet or mailbox without the assistance of a number of folks that I want to publicly thank. Read more. . .
Under the leadership of Ron Gardner, Immediate Past Chair of the Forum, the Nominating Committee has made nominations for four members of the Governing Committee for three-year terms commencing in August 2014. Read more. . .
Joe Fittante, Forum Chair, seeks your nominations for the following awards which will be presented at the Annual Forum in October: Lewis G. Rudnick Award, Chair’s Award for Substantial Written Work or Presentation, Chair’s Future Leader Award and Chair’s Explorers Award. Read more. . .
In keeping with our efforts to provide relevant and real time information to Forum members, we will once again be releasing our own Mobile App for iPhone, Android and Blackberry on September 16, 2013. Read more. . .
For this year’s community service event, the Corporate Counsel Steering Committee, the Women’s Caucus, and the Diversity Caucus invite you back to school! Please join us on Saturday, October 19, 2013, as we volunteer at A Gift for Teaching in Orlando, Florida. Read more. . .
The State Bar of California’s Board of Legal Specialization invites you to take the 2013 legal specialization exam on October 22, 2013, which is the first step in becoming a certified specialist. Read more. . .
New Edition of Fundamentals of International Franchising and Related Annual Forum Intensive Program