California Lawyers Association

Business Law Franchise Law Committee

Updates from the BLS Franchise Law Committee

The Court denied plaintiff franchisor Kahala Franchising, LLC’s (“Kahala”) motion for preliminary injunction against defendant holdover Pinkberry frozen yogurt franchisee Real Faith, LLC (“Real Faith”) primarily on the basis that Real Faith overcame Kahala’s rebuttable presumption of irreparable harm. Read more
The Court issued its findings of fact and conclusions of law after a nine-day bench trial. Plaintiff and franchisee Show Me Hospitality, LLC (“Show Me”) filed suit against franchisor and defendant Tim Hortons USA, Inc. Read more
In this opinion, the District Court denied franchisor defendants’ motion for judgment on the pleadings on plaintiff’s labor law class action on behalf of herself and other similarly situated persons working as non-exempt servers, waiters, bartenders, and other related positions at Embassy Suites Hotels in New York state. Read more
The North American Securities Administrators Association, Inc. (“NASAA”) is seeking public comment on a proposed NASAA Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments. Read more
The District Court largely adopted the Magistrate’s Report and Recommendation concerning cross-motions for summary judgment in which the Magistrate denied franchisee plaintiffs’ motions in their entirety and denied in part and granted in part franchisor defendants’ motions. Read more
The District Court denied in part and granted in part cross-motions for summary judgment. Read more
The Business Law Section is compiling the complete Interpretive Opinions concerning franchise issues from the State of California Department of Corporations. For past Franchise Opinion reports, click here or contact the Business Law Section. Read more
The Franchise Law Committee presents the following case update. In 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. The court rejected a previous test for determining whether workers should be classified as either employees or independent contractors. Read more
In light of the COVID-19 pandemic, several states that require annual Franchise Disclosure Document (FDD) renewals made recent changes to their filing deadlines, fees and/or submission requirements. Read more
The members of the BLS Franchise Law Committee ("FLC") specialize in franchising, licensing and distribution law. The FLC is extremely diverse, with its members representing both franchisees, franchisors and distributors in both disputes and deals. The FLC advises California practitioners about the multiple laws and regulations that govern franchises throughout California and sometimes in other states. On December 12, 2019, the Franchise Committee held a webinar on Assembly Bill 5 (classification of workers as independent contractors or employees) with a… Read more

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