Archives: Franchising

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Twelve Tips for Franchisors to Reduce Joint Employer Risks Under Today’s Legal Standards

Franchise agreement recitals declaring your franchisee to be an independent contractor, not an employee, are not dispositive!

Until now, the spotlight has never shined so brightly on franchising and, specifically, on whether franchisors are responsible for their franchisees’ activities.

On July 29, 2014, the NLRB’s General Counsel announced its… Continue Reading

How to Help Your Franchisees Find Financing

The good news for franchising is the economy is coming back. Hit hard by the 2008 economic recession, franchise indices show an uptick in new franchise concepts and pent up demand for franchises among buyers. FranData, an independent franchise industry research firm, estimates that in 2013, banks will loan $23.9 billion to franchise businesses, the highest… Continue Reading

AFC Enterprises’ Continued Use of the Name POPEYES for Fried Chicken Chain is Now Before a Georgia Court

By Sheila Fox Morrison

AFC Enterprises has asked the court to confirm that it may continue to use the POPEYES name after its licensing agreement with Hearst Corp., which owns the rights to the Popeye the Sailor cartoon character, expires.

The complaint reads: “The Agreement was never intended to and never has restricted AFC’s ability to use the name POPEYES®Continue Reading

10 Stress-Reducing Tips for Updating Franchise Disclosure Documents and Renewing State Registrations

Federal law requires all franchisors to update their franchise disclosure document (FDD) within 120 days after their fiscal year end (FYE). Likewise, state registrations must be renewed annually. Since most franchisors have a December 31 FYE, this is “renewal season,” the annual rite of racing the clock to meet updating and filing… Continue Reading