State Attorneys General Target “No Poaching” Clauses

The Attorneys General of 10 states and the District of Columbia are investigating the alleged use of so-called “no poaching” clauses within franchise agreements. Bloomberg News contacted DDIFO for comment on the investigation at the beginning of the week at the issue was surfacing (or perhaps more accurately, ‘being created’). Federal legislation seeking to outlaw…

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Court Rulings on Franchise Issues

There were a couple of cases decided recently that we thought would be worth bringing to your attention. The first involved a question of choice of law and forum selection that originated in Ohio and transferred to the Arizona federal court. In its decision, the Arizona court invalidated a choice of law and venue provision…

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One vs. Many: Structuring a Multi-Unit Franchise Network

When advising clients on the acquisition of a multi-unit franchise network, we are often posed the age-old question: “Should we own the assets in one entity or multiple entities?” At the risk of sounding too much like a lawyer, the answer to this question is, “It depends.” Each franchisee has a unique set of hot…

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