I. International Trade Risks for Importers A. The Trump Administration’s New International Trade Approach 1. The New Trade Approach a. Wholesale rewrite of trade rules i. Appointment of trade hardliners,…
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I. The Vernacular A. “No Poach” is a term for a certain type of agreement where two entities agree to refrain from soliciting another’s employees, which is viewed as a…
I. Introduction II. Sometimes a Demolitions Expert is Needed A. Termination for Reasons that are Core to the Relationship 1. Fraud 2. Failure to pay, esp. repeated or prolonged failures…
I. An Antitrust Refresher A. Section 1 of the Sherman Act 1. Prohibits contracts, combinations, and conspiracies that unreasonably restrain trade B. Section 5 of the FTC Act 1. Prohibits…
I. The Importance of Compliance with the Antitrust Laws A. Significant Penalties and Fines for Corporations and Individuals. 1. The Sherman Antitrust Act provides that a violation of Section 1…
I. Before the Storm: Distributor/Franchisor Strategies Prior to a Dealer/Franchisee Bankruptcy Filing A. Amend the Distribution/Franchise Agreement 1. “Ipso Facto” Clauses Are Not Enforceable 2. Anti-Assignment Provisions Probably Are Enforceable…
I. Yes, You Might Have a Franchise, Even if …” A. “Everyone else in our industry does it this way …” B. “We grant licenses, not franchises.” C. “We don’t…
I. Introduction Courts around the country addressing the termination of commercial relationships are fairly consistent in holding that an aggrieved party to a contract terminable at will may only recover…
I. Pre-Drafting Tips A. General Considerations 1. Remember that state franchise and dealer laws can make it difficult to end or change the contract once it has been signed. 2. …
I. Legislative Trends 2022 A. General Franchise Laws 1. California AB 676 a. As of September 1, 2022, the legislation passed the legislature, was presented to the governor, and is…