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Being a franchisor means being subject to significant regulation of the relationship with your franchisees. Pre-sale registration and disclosure Federal: 16 CFR Part 436 State Pre-sale disclosure: California, Hawaii, Illinois,…
What is equipment? McCarthy Integrated Sys. v. Evoqua Water Tech., 379 P.3d 263 (Ariz. Ct. App. 2016): The Arizona Court of Appeals determined that the Arizona Equipment Dealers Act includes…
Overview: Antitrust constraints on efforts to direct the advertising of resale prices A minimum advertised price (“MAP”) policy is a supplier’s policy that resellers not advertise prices below a price…
I. FCPA Overview A. Importance of anti-corruption compliance B. Elements of the FCPA (15 U.S.C. §78dd-1, et seq.) 1. Anti-Bribery Provision a. Corruptly; b. Offering, promising, authorizing, or…
“Red flag” is a term of art in the FCPA/anti-corruption compliance world. The presence of a red flag does not necessarily mean that illegal conduct has occurred or that the…
Introduction Manufacturers/franchisors typically exercise great caution in vetting potential dealers/franchisees before awarding the dealership or franchise Similar care ought to be exercised when deciding whether to allow an existing dealer/franchisee…
Why Do Trademark Owners Need to Control Licensees and Police Infringers? You need to be logged in to view the rest of the content. Please Log In. Not a Member?…
The Joint Employer Doctrine In the Spotlight The traditional “joint employer” legal standards determined whether one entity (e.g., a franchisor) may be jointly liable for the legal liabilities of its…
Comparative Advertising: Apples to Apples, Apples to Oranges, or Sour Grapes? You need to be logged in to view the rest of the content. Please Log In. Not a Member?…