Earlier this month Entrepreneur Magazine and Franchise Business Review released their respective lists of top franchises for veterans. Each publication based its list on various criteria and information derived from surveys focused on each company's veteran incentives, franchisor support, and franchisee satisfaction. Although I express no opinion as to the rankings in particular, I can... Continue Reading →
Countdown to Extinction: Are these the final days of the NLRB “Joint Employer” standard?
Earlier this month, a bipartisan majority of the U.S. House of Representatives voted to enact the Save Local Business Act ("SLBA"), which would amend the National Labor Relations Act and the Fair Labor Standards Act by providing a more limited definition of "joint employer" liability. If passed by the Senate, the SLBA will roll back... Continue Reading →
Expanding Your Brand? Who should you include in your circle of trust?
Over the past several years, I have worked with a number of businesses looking to expand, whether through organic internal growth, franchising, joint ventures, or other avenues. I could spend days and several posts writing on the various options available and how to determine which model is best suited for your particular business (and in... Continue Reading →
Back Off…That’s My Trade Dress!
Franchise systems, like businesses in general, no doubt recognize that today’s ever-increasingly competitive marketplace means taking those extra steps to ensure brand recognition. For retail businesses, this translates into creating familiar impressions which pass the drive-by-look test. In other words, will the typical consumer driving or walking down the street see a storefront and recognize... Continue Reading →
Texas Legislature to Consider Uniform Trade Secrets Act
Texas is one of only four states which have not adopted the Uniform Trade Secrets Act. Indeed, the state of Texas actually has no body of law specifically focused on trade secrets; leaving considerations and evaluations of proprietary information and its use or misuse to an amalgamation of common law and other related but decentralized... Continue Reading →
Brand Destruction is Only a Hack or Missed Opportunity Away
Most folks involved in the retail goods and services segment understand that social media has become an absolute MUST and not something to be ignored. Like it or not, understand it or not, get it or not, social media is a reality which companies simply must address. But claiming a social media presence no longer... Continue Reading →
Business Formation and Expansion Program
I am pleased to announce that the Texas Wesleyan School of Law is presenting a program next week on current issues in business formation and expansion. I will be presenting a discussion on franchising, licensing, and internal expansion strategies as well as moderating a panel of experts on the tax planning considerations every business owner... Continue Reading →
A Salute to the Franchise World on Veteran’s Day
This post is somewhat different from my usual but, then again, this day (yesterday officially) is unlike any other day of the year. Being a veteran and now being involved in the franchise world, it is incredibly rewarding for me to see the efforts being made by the franchise industry to assist our warriors as... Continue Reading →
FTC Issues New FAQ Which Might Require Revisions to ITEM 12 Territory Disclosure
On October 16, the FTC issued FAQ #37 which disallows franchisors from claiming to award an “exclusive territory” if it reserves the right to open franchised or company outlets in so-called “non-traditional venues” like airports, arenas, hospitals, hotels, malls, military installations, national parks, schools, stadiums and theme parks. Many franchisors have long excluded these closed... Continue Reading →