Franchise Law: A Comprehensive Guide to the Fdd Registration and the Franchise Relationship

74 questions on franchise law, answered and cited by the UpLaw editorial team.

• Are franchise no-poach clauses still lawful?
• Are liquidated damages for early franchise termination enforceable?
• Are post-term franchise noncompetes enforceable?
• Can a franchisee bring an antitrust tying claim over required purchases?
• Can a franchisee sue under the FTC Franchise Rule?
• Can a franchisor avoid regulation by exercising less control?
• Can a franchisor unilaterally change system standards?
• Can a sales conversation create a franchise?
• Can franchisees themselves be found to be employees?
• Did the FTC's non-compete rule apply to franchisees?
• Does a federal franchise exemption protect me under state law?
• Does an "immediate termination without cure" clause work?
• Does a post-term franchise noncompete work in California?
• Do merger clauses and franchisee questionnaires protect a franchisor from fraud claims?
• How do business opportunity statutes interact with franchise law?
• How does a franchisor defend against joint-employer claims?
• How does a franchisor prove it complied with the 14-day rule?
• How do state anti-waiver provisions limit franchise arbitration clauses?
• How do you solve encroachment at the drafting table?
• How far does the duty of good faith constrain a franchisor's discretion?
• How is the FTC Franchise Rule enforced?
• How should a franchisor terminate in a relationship state?
• How should I read Item 3 (Litigation) and Item 4 (Bankruptcy)?
• How strong is an encroachment claim in practice?
• Is a franchise renewal really a renewal?
• Is a franchisor a fiduciary with respect to the advertising fund?
• What are state franchise relationship laws?
• What are the recurring traps in franchise law?
• What are the two lines of authority on encroachment?
• What counts as a required payment?
• What counts as significant control or assistance?
• What did Queen City Pizza decide about franchise aftermarkets?
• What does accidental franchising look like in practice?
• What does a properly built franchise program look like?
• What does a state franchise examiner actually do?
• What does documented quality control look like in a franchise system?
• What does Item 11 actually tell me about franchisor support?
• What does Item 13 tell me about the franchisor's trademarks?
• What does the FTC Franchise Rule actually do?
• What exemptions does the FTC Franchise Rule provide?
• What federal relationship statutes govern specific industries?
• What happens to a franchise agreement if the franchisee files bankruptcy?
• What happens to a franchise on the owner's death?
• What is a franchise fee impound or escrow condition?
• What is franchise encroachment?
• What is naked licensing and why does it threaten franchisors?
• What is the 14-day rule?
• What is the current NLRB joint-employer standard?
• What is the Franchise Disclosure Document?
• What is the one-sentence rule on franchise earnings claims?
• What is the overall shape of franchise law?
• What is the standard franchisor dispute resolution clause?
• What is the term/lease mismatch trap?
• What makes something a franchise under the law?
• What must a franchisee do when the franchise ends?
• What must a franchisor include when it makes a financial performance representation?
• What must Item 19 say if the franchisor makes no earnings claim?
• What restrictions apply to transferring a franchise?
• What should I ask a franchisor about its advertising fund?
• What three questions does Item 12 (Territory) answer?
• When is a franchisor a joint employer under state law?
• Where do the real economics of a franchise show up in the FDD?
• Which franchise fee negotiation matters most?
• Which state relationship statutes should I know by name?
• Which states require franchise registration?
• Why are unsubstantiated earnings claims so dangerous?
• Why do earnings claim cases get pleaded under state law?
• Why do franchise arbitration clauses usually hold up?
• Why do franchisors get sued for their franchisees' employment problems?
• Why do state franchise acts feel like securities law?
• Why is Item 17 the fastest read in franchise law?
• Why is Item 20 the most valuable page in an FDD?
• Why is Item 8 the most overlooked part of an FDD?
• Why is the franchisor's right of first refusal more powerful than it looks?