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The Franchise Memorandum

The Franchise Memorandum

  • Posts by Carlos L. White

    Carlos White is an HBCU-bred, Ivy League Law-trained business optimizer and franchise developer with over 15 years of experience in franchise and distribution law.

    Carlos counsels businesses -- from startups to mature companies ...

Posted in Attorneys' Fees

A federal court in Connecticut reduced attorneys’ fees and costs sought by a sales representative after the court raised concerns about several issues with the sales representative’s trial strategy. Trade Links, LLC v. Bi-Qem SA de CV, 2024 WL 198024 (D. Conn. Jan. 18, 2024).

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Posted in Arbitration

The Eighth Circuit Court of Appeals has affirmed the denial of a motion to stay pending arbitration because the claims of the franchisor, Breadeaux’s Pisa, did not fall within the mandatory stay provision of the Federal Arbitration Act (FAA). Breadeaux’s Pisa, LLC v. Beckman Bros. Ltd., 2023 WL 6801149 (8th Cir. Oct. 16, 2023).

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Posted in Diversity

Dallas Startup Week (DSW) takes place in September every year; this year’s event was hosted by University of North Texas on September 10-14.

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A federal court in North Carolina recently dismissed a complaint brought by Bigelow Corporation against its franchisor Hound Town USA because the claims were time barred. Bigelow Corporation v. Hounds Town USA, LLC, 2023 WL 4939386 (W.D.N.C. Aug. 2, 2023).

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Posted in Diversity

Diverse perspectives enrich business environments through varied ideas and understanding of different clientele. Franchising is no exception. By engaging with diverse franchisees and franchisors, investing in franchises in diverse communities, and deploying organizational strategies to enhance diversity, equity, and inclusion, the franchising industry becomes more accessible, collaborative, and innovative.

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A federal court in California denied a subfranchisor’s motion to transfer venue, holding that its Operator Agreement constituted a franchise agreement, thus making its forum-selection clause void under the California Franchise Relations Act (CFRA). Singh v. Wireless Vision, LLC, 2023 WL 2752584 (E.D. Cal. Mar. 31, 2023).

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Posted in Bankruptcy

A federal court in Ohio denied a distributor’s motion for a preliminary injunction, holding that it failed to demonstrate a likelihood of success on the merits of its claims against a beer importer who chose a different distributor following the bankruptcy of a previous importer. Cavalier Distrib. Co. v. Lime Ventures, 2023 WL 2384440 (S.D. Ohio Mar. 7, 2023).

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Posted in Contracts

A federal court in Florida recently granted a franchisor’s motion to dismiss a franchisee’s claim for breach of the implied covenant of good faith and fair dealing, but allowed a claim for breach of contract to proceed. Pinnacle Foods of Cal. v. Popeyes La. Kitchen, 2022 WL 17736190 (S.D. Fla. Dec. 16, 2022).

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A federal court in Virginia held void a franchise agreement’s forum selection provision and granted a franchisee’s motion to transfer the case to California. JTH Tax, LLC v. Leggat, 2022 WL 3970197 (E.D. Va. Aug. 31, 2022).

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Posted in Employment

A federal court in Pennsylvania recently granted summary judgment to McDonald’s on a joint employer claim brought by a former franchisee employee. Bosley v. Rawden Joint Ventures Corp., 2022 WL 3701171 (E.D. Pa. Aug. 26, 2022).

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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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