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Category Archives: Franchise Law

Franchise4

Florida Franchise Law: What is an ‘Inadvertent Franchise’?

By Michael Pike and Daniel Lustig |

Before entering into a franchise arrangement, it is crucial that both franchisors and franchisees have a clear understanding of their rights and responsibilities. These companies should operate under a carefully drafted franchise agreement that has been reviewed by an experienced attorney. However, unbeknownst to many people, Florida law makes it possible for a franchisor-franchisee… Read More »

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Franchise2

Florida Appeals Court Rules Against Auto Dealers in Franchise Law Case

By Michael Pike |

On January 9th, 2019, Florida’s Fourth District Court of Appeal ruled in favor of an auto manufacturer (the franchisor) in a franchise law dispute. In the case of Maserati of Fort Lauderdale and Maserati of Palm Beach v. Maserati North America, the appeals court overturned a lower court’s decision — ruling that the automaker… Read More »

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Franchise7

Former Burger King Employee Files a Lawsuit, Seeking Class-Action Certification

By Michael Pike and Daniel Lustig |

According to reporting from Forbes, a former Burger King cook named Jarvis Arrington has filed a lawsuit against the company. He is seeking class-action certification on behalf of every employee who has worked at any of the company’s franchise location from 2010 through 2018. The legal claim in this case centers around the anti-poaching… Read More »

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Franchise3

Lawsuit: Florida Massage Franchise Location ‘Hid’ Sexual Abuse

By Michael Pike and Daniel Lustig |

Recently, the Sun Sentinel filed a report on a very disturbing case arising out of South Florida. According to allegations raised in a recent lawsuit filed in a court in Palm Beach County, several female customers of Massage Envy, the largest chain of franchise massage spas in the entire country, were victims of sexual… Read More »

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Discrimination

EEOC Files Disability Discrimination Lawsuit Against Florida Franchisee

By Michael Pike and Daniel Lustig |

On July 10th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that it has filed a disability discrimination lawsuit against a Florida-based franchise location of Pacific Sunwear (PacSun). This company offers California-branded clothing and apparel products targeted at teens and young adults. According to the legal complaint filed by the EEOC, PacSun unlawfully refused… Read More »

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Franchise3

Florida Court Upholds Non-Compete Clause in a Franchise Law Dispute

By Michael Pike and Daniel Lustig |

Earlier this year, the United District Court Southern District of Florida issued a decision in the case of Peterbrooke Franchising of Am., LLC v. Miami Chocolates, LLC, a lawsuit in which a franchisor and a franchisee were locked in a dispute over the enforceability of a non-compete agreement. At Pike & Lustig, LLP, our… Read More »

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Contract

Forum Selection Dispute: Tim Hortons Franchisees Suing Parent Company Over Provision Forcing Contract Disputes Into a Miami Court

By Michael Pike and Daniel Lustig |

On May 3rd, 2018, The Star reported that Canadian fast food giant Tim Hortons is a facing a lawsuit from an organization representing a large group of American franchisees. According to the report, Great White North Franchisee Association (GWNFA), which filed the lawsuit, represents nearly half of all U.S.-based Tim Hortons franchisees. The dispute… Read More »

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Legal4

Florida Federal Judge Awards Franchisor Attorneys’ Fees in FDUTPA Case

By Michael Pike and Daniel Lustig |

On March 26th, 2018, a Florida federal judge awarded a franchisor more than $730,000 in attorneys’ fees after the company successfully defended itself against a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) lawsuit. In this post, our experienced West Palm Beach franchise law lawyers analyze they key facts of this case, and we… Read More »

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Franchise6

Franchise Law Implicated in Latest South Florida Immigration Raids

By Michael Pike and Daniel Lustig |

On January 10th, 2018, the Miami New Times reported that U.S. Immigration and Customs Enforcement (ICE) agents raided five 7-Eleven franchise locations in South Florida. These South Florida immigration raids were a part of nationwide step up in enforcement against employers. Beyond the myriad of other legal issues that are at stake, these raids… Read More »

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Franchise5

Franchise Law Watch: NLRB Overrules the Browning-Ferris Joint Employer Standard

By Michael Pike and Daniel Lustig |

In 2016, our Miami franchise law attorneys discussed the joint employer standard, which, at that time, had recently been amended by the National Labor Relations Board (NLRB). The NLRB had just moved to enact a far broader test to determine which companies qualify as joint employers. Since that time, the political landscape has shifted… Read More »

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