Charles Internicola, New York business and franchise lawyer & attorney has launched his franchise law blog, the New York Franchise Law Blog. Charles uses the blog to administer information for franchisees contemplating the purchase of a franchise and franchisers starting and managing a franchise system. The blog includes topics such as buying a Franchise, Terminating a Franchise, Due Diligence, Licensing, and Trademarks.
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Time and again when working on a franchise project - preparing the FDD and establishing the structure for a client's franchise system - I am always reminded of one critical fact: That when it comes to franchising, every business is different. Quite frankly, if there is nothing unique...
Franchisors: How to Approach the Enforcement of Your Restrictive Covenants When Negotiating a Franchisee Renewal
When a franchise agreement expires, franchisors and franchisees, many times, enter a decision making period to determine, discuss and negotiate whether or not the the franchise agreement will be renewed. Although not preferred, this post-termination negotiating period is sometimes...
Starting a franchise is an exciting process and undertaking. So much so, that one major benefit of being a franchise lawyer is that I get to work with extremely focused clients who understand entrepreneurship and who, more often than not, are extremely motivated to bring their business...
Proceeding with the ever increasing and costly regulation on business (a separate issue better suited for a publication on politics) the Federal Trade Commission (FTC) has issued "guidelines" respecting the use of environmental claims in advertising and marketing. Considering that many...
For the successful business owner and entrepreneur the thought of “franchising your business” is something that requires serious consideration and a good deal of “scrutiny.” There are many legal and business factors to scrutinize and there are many sources of information...
As with any other method of practicing medicine in the United States, a health care franchise is subject to a multitude of complicated federal and state health care fraud and abuse statutes, regulations, case law and administrative opinions. The concept of “franchising” a health...
Do Franchisors Really have Discretion in the Site Selection Process: An Instructive Franchise Law Decision from a New York Court applying Georgia Law
For franchisors, there are two realities when it comes to the enforcement of your franchise agreements: "Reality 1" being the rights expressly and plainly stated in your franchise agreements and "Reality 2" being how, in a court room and in litigation, a court may interpret...
When it comes to "franchise litigation" and disputes between franchisors and franchisees almost, inevitably, the issue of injunctive relief is raised. Franchisors typically seek injunctions involving (a) the turn-over of the franchise location, (b) the de-identification of the...
When evaluating the purchase of a franchise, prospective franchisees, frequently, question the purpose of a franchise fee and question: "what do I get in exchange for paying the franchise fee". The following are some important factors that prospective franchisees should know...
In the State of New Jersey any determination as to the existence or non-existence of a franchise relationship requires a a factual evaluation of the legal rights and obligations between the parties. What Constitutes a Franchise in New Jersey? The parameters and factors to be evaluated are defined...