Winter 2013
Vol. 16, No. 1
Do You Know Your Canadian Material? Materiality Under the Arthur Wishart ActBecause the case law remains inconclusive about what constitutes either a “material fact” or a “material change” under the Arthur Wishart Act, which regulates franchise sales in Ontario and requires pre-sale disclosure, it is important for franchisors to closely examine all of the circumstances of the franchise relationship when deciding what documents and information to disclose in advance of a franchise sale transaction. There is a “heavy onus” on the franchisor to determine what information is material and the Courts have been clear that the Act will be interpreted in favour of greater disclosure. Read more. . .
Features
Termination for a Criminal Conviction: Cruel and Unusual Punishment?
When a franchisee is convicted of a crime, should part of the punishment include loss of his or her business and other penalties associated with termination of a franchise? What if the franchisee’s conviction does not affect the franchised business or the franchisor’s goodwill? Recent New Jersey decisions suggest that a franchisor’s ability to terminate for crimes of the franchisee may be limited if those crimes are unrelated to the business. Read more. . .
What All Franchise Lawyers Should Know About the Recent Changes to Ohio’s Business Opportunity Law
In 2012, Ohio adopted numerous amendments to its business opportunity statute that regulates the sale of franchises and other business opportunities in Ohio. These amendments clarify and expand the coverage of the statute, address (but do not eliminate) potential pitfalls facing franchisors that rely upon compliance with the FTC Franchise Rule for an exemption within Ohio, and make significant changes concerning suits by injured parties for violations of the statute. This article summarizes these amendments. Read more. . .
Pointers & Pitfalls
The Importance of 30(b)(6) Designee Decisions
What analysis should organizations conduct before making 30(b)(6) designee decisions? Read more. . .
FTC FAQ #37: Complying with Item 12 Territory Disclosures
What changes to a franchisor’s Item 12 territory disclosures may need to be made in response to clarifications contained in new FTC FAQ #37? Read more. . .
New FTC Business Opportunity Rule May Apply to Some Exempt Franchisors
Why do franchisors relying on the minimum initial payments exemption or the no written documents exemption to avoid applicability of the FTC Franchise Rule need to take a close look at the new FTC Business Opportunity Rule to see if it applies? Read more. . .
Forum News & Events
MESSAGE FROM THE CHAIR
As an organization, we have undertaken various worthy initiatives over the years. However, there has arguably been no more important initiative undertaken by the Forum than to increase the number of diverse members in the Forum and to encourage their participation in the various Forum activities. It is my honor to report that the Forum’s commitment to diversity has resulted in the Forum’s receipt of the 2012 Diversity Award by the ABA’s Center for Professional Development. Read more. . .
Tribute to Charles Cannon
Charles Cannon - remarkable scholar, sought after counselor and peacemaker, loving father and husband, dedicated partner and friend passed away on December 3, 2012 in Austin, Texas. Read more. . .
