Articles
Do You Want a Lawsuit With That Tune-up?
Businesses, such as retailers or service providers, often wish to use another company's protected name, trade dress or logo in association with the marketing of their own business. The marketer believes this is proper since it sells, repairs or offers services specific to the other company's goods or services. However, when done without first having obtained the other company's permission, marketing in this manner can bring about significant legal problems under both state and federal law.… Read More »
An Ounce of Prevention......
Franchised businesses and other business opportunities have become a major portion of the retail business environment in America. Contact us to ask for one of our free checklists of things to consider before purchasing a franchise or business opportunity, and things to do before offering a franchise or business opportunity for sale....Read More »
Franchise Risks
One should fully read the franchise disclosure document to identify relative risks in the total transaction. Put in other words, what are the promises which are being made in return for your agreement to pay the initial and ongoing franchise fees, and what are the risks of those promises falling short of your expectations or their being broken? ... Read More »
Be Careful When Relying Upon a Franchisor’s Financial Performance Claims
Prospective franchisees have often been incorrectly told that federal law prohibits a franchisor from disclosing financial performance information to the prospect prior to his or her becoming a member of the franchise system. The revised Federal Trade Commission Franchise Rule now requires that franchisors clearly disclose they are legally permitted to provide financial performance information if they chose to do so. Only about 20% of franchisors made financial performance claims in 2006.... Read More »
Electronic Data Discovery Impacts Small Businesses Threatened With Litigation
Business data used to be recorded upon paper and filed in manila folders within a cabinet. Not anymore! Most businesses have taken advantage of the computer age to go "paperless". Without realizing it, many businesses have electronic data stored throughout their offices.… Read More »
The “Standard” Agreement
Business transactions are best documented through the use of written agreements. However, the impression is often given that the offered agreement is a standard document, and no variations can occur. Many times this is the case.… Read More »
