Recent Articles

Preparing Your FDD: Why You Must Avoid the Generic

Charles Internicola
February 02, 2012 16:41

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

Charles Internicola
January 03, 2012 14:26

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...

What a Franchise Lawyer Learns from His Clients

Charles Internicola
December 17, 2011 15:38

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...

Franchisors: Do your Environmental Marketing Claims Comply with FTC Rules?

Charles Internicola
October 28, 2011 12:17

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...

Franchising Your Business: What you Can Learn from Existing Franchisors

Charles Internicola
August 31, 2011 13:33

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...

Can You Franchise Your Health Care Related Business?

Charles Internicola
August 26, 2011 16:44

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

Charles Internicola
July 14, 2011 16:42

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...

Injunctions and Franchise Disputes in the State of New Jersey

Charles Internicola
May 19, 2011 18:39

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...

Buying a Franchise: What does the Franchise Fee Cover?

Charles Internicola
May 12, 2011 17:26

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...

What Constitutes a "Franchise" in the State of New Jersey and Why Should You Care?

Charles Internicola
May 05, 2011 17:52

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...