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MSA Worldwide’s response to the FTC’s Request for Information on franchise agreements & franchise business practices

In its update in 2007, the Commission decided to eliminate the requirement that franchise sales organizations and brokers provide material disclosure to the potential franchisees they are working with. While removing that information from a franchisor’s disclosure document was a...

Michael Seid presents at Jani-King Master Franchisee Conference on current regulatory challenges to franchising

This in-depth presentation covers joint employment issues, including the legal landscape and how franchisors should change the ways in which they maintain and enforce brand standards.

Managing Labor Risk: Avoid joint employer and vicarious liability

Today we spend a lot of our time scrubbing our clients' manual library, training programs, and agreements to remove unnecessary controls. Our goal is to put the franchise relationship back into the proper balance between brand standards versus control.

Finding the best advisors in franchising

If you are considering becoming a franchisee, be aware that most of the "business advisors" serving the franchisee community are actually franchise brokers.

Default and Termination in a Franchise System

Understanding the root cause of noncompliance can surface underlying issues the franchise system may need to consider in formulating a change strategy.

How to Raise Capital to Finance Your Franchise

Of all the mistakes new business owners make, the most fatal is failing to anticipate the cost of getting and staying in business.

How to Find a Franchise Lawyer

A qualified franchise attorney can separate contract terms and obligations that are “acceptable” or a “common practice” in a franchise relationship from those that may be excessive or unusual, and can help you negotiate with a franchisor.

The Different Roles of Franchise Consultants and Lawyers

Companies new to franchising have difficulty understanding the essential differences between services provided by experienced franchise legal counsel and those provided by qualified franchise consultants in developing the structure and strategy of a franchise system.

How Does the Law Regulate Franchising?

In order for franchisors to legally franchise their businesses in the United States, franchisors must be aware of, and comply with, all of the foregoing laws described in this article.

Encroachment – The Role of the Lawyer and Consultant in Advising Clients

There is a second type of encroachment in franchising, dealing with a different “turf” battle. What, if any, boundaries are there for the services lawyers and consultants provide to their clients?

When Franchisees Have a Dispute with their Franchisor

Most franchise systems have procedures in place for requesting approval of new products or services. Often the new items, after thorough research by the franchisor’s staff, are tested in company-owned locations or in franchisee-owned locations.

What to do about Franchisee Litigation

When MSA works with a client as part of a litigation strategy team, our role is generally to facilitate business discussions focused on preserving the value of the franchise system, and keep the franchisor-franchisee business relationship on a separate track.