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The Franchise Memorandum

Posts from April 2024 - Issue 300.

A federal court in Minnesota recently granted Toro’s motion for a preliminary injunction against two former employees, while dismissing their new employer, a Canadian manufacturer, for lack of personal jurisdiction. The Toro Co. v. Sutterlin, 2024 WL 965238 (D. Minn. Mar. 5, 2024).

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The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s Antitrust Division have submitted comment regarding proposed renewal and expansion of the prohibition on circumvention of “technological protection measures” (TPMs).

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Posted in Contracts

A federal court in California recently granted partial summary judgment in favor of a distributor of wine corks for breach of an exclusivity provision following the supplier’s sale of certain corks in the United States. M.A. Silva Corks USA, LLC v. M.A. Silva Holdings, Inc., 2024 WL 1180999 (N.D. Cal. Mar. 18, 2024).

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A federal court in Washington recently granted in part and denied in part a former distributor’s partial motion to dismiss claims for breach of a post-termination noncompete agreement, breach of the implied duty of good faith and fair dealing, and civil conspiracy. HydroFLOW USA, LLC v. ECO Integrated Tech., Inc., 2024 WL 1049998 (W.D. Wash. Mar. 11, 2024).

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Posted in Noncompetes

A federal court in Texas has denied Penthol’s claim for breach of contract against Vertex Energy for the improper sale of competing products in violation of noncompete clause. Penthol, LLC v. Vertex Energy Operating, LLC, 2024 WL 987568 (S.D. Tex. Mar. 7, 2024).

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About this Publication

The Franchise Memorandum is a collection of postings on summaries of recent legal developments of interest to franchisors brought to you by Lathrop GPM LLP. 

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