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Category Archives: Franchise Law

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Franchising and Licensing: Weighing the Pros and Cons of Each

By Michael Pike and Daniel Lustig |

If you are looking to start a business, you may be considering purchasing a franchise. But what’s the difference between going into a franchise, and simply purchasing a license to use someone else’s trademark, logo, or other information? Pros and Cons of a Franchise A franchise is a much more involved transaction than a… Read More »

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Federal Court Invalidates Part of ‘Joint Employer’ Rule—Here is What it Could Mean for Franchise Law in Florida

By Michael Pike and Daniel Lustig |

In September, the United States District Court for the Southern District struck down a portion of the DOL’s new ‘joint employer’ rule. The decision came after New York—and sixteen other states—filed a lawsuit to stop the implementation of the new standard. Notably, Florida was not among the states seeking to block the revised ‘joint… Read More »

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Legal Guide for Franchised Businesses Reopening Amid the COVID-19 Pandemic

By Michael Pike and Daniel Lustig |

As businesses in Florida continue to reopen in the wake of the coronavirus pandemic, there are some legal considerations for owners of franchised businesses. We have prepared a guide for franchised businesses reopening amid the COVID-19 pandemic. Employment-Related Claims and Employee Safety  Like all other companies, franchised businesses must prioritize their employee safety when… Read More »

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Four Ways the COVID-19 Pandemic is Affecting Franchisor-Franchisee Relationships

By Michael Pike and Daniel Lustig |

The coronavirus outbreak is having an enormous impact on businesses throughout the country. Many companies have, at least temporarily, been forced to suspend or reduce operations. Other firms are dealing with serious disruptions. For franchisors and franchisees, the COVID-19 pandemic presents are some unique challenges. Here, our West Palm Beach franchise law attorneys highlight… Read More »

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Florida Franchise Law: Does a Franchisor-Franchisee Relationship Carry a Fiduciary Duty?

By Michael Pike and Daniel Lustig |

To form a successful commercial relationship, franchisors and franchisees must work together. By the very nature of the business, they share some important common interests. At the same time, franchisors and franchisees are distinct companies—their business interests are certainly not fully aligned. The Florida Franchise Act (FFA) establishes some basic standards for how these… Read More »

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Why Do You Need a Franchise Lawyer in Florida?

By Michael Pike and Daniel Lustig |

The legal aspect of the franchisor-franchisee relationship can be complicated, which is why franchisors and franchisees can benefit from having a West Palm Beach franchise law lawyer by their side. Whether you are considering purchasing a franchise to become a franchisee or creating a franchise to become a franchisor, you need a West Palm… Read More »

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8 Things to Consider When Negotiating a Franchise Agreement

By Michael Pike and Daniel Lustig |

If you have decided to purchase a franchise, do not underestimate the importance of the franchise agreement. Under Florida’s franchise law, you have a right to negotiate a fair franchise agreement. Contrary to popular belief, franchise agreements are negotiable, even when it seems that the franchisor carries all the negotiating power. A skilled West… Read More »

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Territorial Protection for Franchisees in Florida: Know Your Rights

By Michael Pike and Daniel Lustig |

Becoming a franchisee can be an excellent commercial opportunity. It is an opportunity that many entrepreneurs have successfully pursued —  according to the latest government data, there are approximately 760,000 franchise businesses operating nationwide. Some of the largest franchises in the United States have thousands of locations. For franchisees, the protection of exclusive territorial… Read More »

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Florida Franchise Law: Holding a Franchisor Liable for Material Misrepresentations

By Michael Pike and Daniel Lustig |

Becoming a franchisee can be a lucrative and enticing business opportunity. That being said, for your company to truly thrive, you must work with a reliable franchisor. By the very nature of the commercial relationship, franchisees are required to place some level of trust in their franchisor. When the franchisor improperly or unfairly violates… Read More »

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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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