The "experienced franchisor" exemption from registration is quite durable, even when the exempt franchisor is acquired
Article Abstract:
David J. Kaufman's article proposing that acquisition of a franchisor eliminated the applicability of the 'experienced franchisor' registration exemption is based on incorrect interpretation of state law and the Uniform Franchise Offering Circular. Kaufmann suggests that the change in management that usually accompanies such acquisition, either through asset purchase, merger or stock purchase, alters the franchisor and voids the classification of experienced. State laws define the franchisor as a juristic person whose identity does not change because of a management change or acquisition.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1993
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Cases define duties of franchisors to franchisees; recent cases rule on employee status, joint advertising funds and bad-faith encroachment
Article Abstract:
Federal court franchising decisions in the 1990s have illustrate the pressures in a franchise relationship and deal with such issues as employer liability, encroachment and how to manage advertising funds. Courts are investigating the basic nature of the franchise relationship and have sometimes challenged the traditional concepts of the commercial, contractual and personal ties between franchisor and franchisee. The pressures in the franchise relationship may face new extremes.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Does a franchisor have a duty to prevent criminal activity?
Article Abstract:
A US District Court ruled that a business could not foresee criminal acts committed on its premises and was therefore not liable for such acts under Virginia law unless its business knowingly attracted criminal elements. The case involved a person who was shot at a Hardee's restaurant and sued the franchisor. The plaintiff argued that the 24-hour operation of the business was likely to attract a criminal element. The court rejected the argument.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1995
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- Abstracts: While the property reform legislation is stalled in Congress, state as well as federal judges are deciding when wetland regulation is tantamount to a taking
- Abstracts: Communication and cooperation among competitors: the case of the airline industry. The power-buyer defense in merger cases
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