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,…
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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…
How are Advertising Issues Usually Raised? complaints by competitors enforcement by FTC, FDA or USDA complaints by consumers You need to be logged in to view the rest of the…
I. Introduction A. Enforcement Trends B. Priority Enforcement Areas 1. Economic Sanctions (OFAC) 2. Export Controls (ITAR and EAR) 3. Anti-Bribery & Corruption (FCPA & UKBA) 4. Anti-Money Laundering (AML)…
Practical Considerations to Email Campaigns I. Framework for Analyzing Electronic Messages A. Does CAN-SPAM/CASL apply? B. Is consent needed? C. Has an appropriate opt-out mechanism been provided? D. What…
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…
Overview Establishing the Relationship Select Jurisdictions: Brazil, Colombia, Mexico, and Puerto Rico You need to be logged in to view the rest of the content. Please Log In. Not a…