Carmen D. Caruso Law Firm Associate Xiaoyin Cao attended the International Society of Franchising Conference (ISof) 31st Annual Meeting in Atlanta in June 2017. This event is the premier conference for researchers in franchising and is aimed at all academics,...
Blogs
SEIU Alleges McDonald’s Corporation Fails to Properly Disclose its Rent Charges to Prospective Franchisees
Have you seen The Founder¸ a recent film exploring how Ray Kroc transformed a successful California burger stand into what for decades was the world’s largest and most successful franchised restaurant chain? A key scene in the movie comes when Kroc (played by Michael...
Federal District Court in Chicago Rejects Franchisor’s Motion to Dismiss Franchisee’s Fraud Claim
In a case of interest to franchisors, franchisees, dealers and their attorneys, Carl A. Dissette, et al v. Pie Five Pizza Company, Inc., Randall E. Gier, Mark H. Ramage, and Rave Restaurant Group, Inc., 16 C 11389 (N.D. Ill.), federal judge Thomas R. Durkin of the...
Dismissing the Quebec Ruling on Good Faith & Fair Dealing in Franchising is Wishful Thinking
In a 2015 decision, Dunkin’ Brands Canada Ltd. v. Bertico, Inc., the highest court in the Quebec province of Canada upheld claims by Dunkin’ Donuts franchisees that their franchisor had breached its duty of good faith and fair dealing by failing to take steps over the...
Coming soon to Illinois: Invoking the Uniform Deceptive Trade Practices Act in Professional Liability Cases
A pending state court lawsuit in Texas warrants attention. In Stewart v. Seyfarth Shaw LLP et al, the plaintiff bringing a legal malpractice claim against the law firm that unsuccessfully defended him in prior litigation has alleged that the defendant law firm...
Disclaimers in Franchise Agreements are Licenses to Lie – Franchisees should “Run, Not Walk” Away from Them
Imagine being asked to sign a contract to make a major purchase, like a franchise, asking questions of the franchise seller, getting your questions answered, and making your decision to purchase based on the answers to your questions. Then you read the proposed...
Franchisees Should “Run, Not Walk” Away From Contractual Waivers of the Duty of Good Faith & Fair Dealing
Imagine being asked to sign a contract to be in business with someone else for 5, 10, or 15 years or longer. Over the years many new situations will arise: Over 15 years you will likely face new competitors, new technologies, and shifting demand for your product or...