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Highlights
LEGISLATION
New Brunswick Consultation Paper on Proposed Franchise
Regulations
Peter V. Snell
The province of New Brunswick has released a consultation paper on its proposed regulations to be brought into force in New Brunswick when its Franchises Act is proclaimed in force. Peter Snell outlines the key proposed provisions, many of which are similar to those found in Alberta, Ontario and Prince Edward Island franchise legislation. The author also examines some of the crucial differences.
ONLINE DEFAMATION
You Can't Say That on the Internet: What Every Franchisor
Should Know About Online Defamation and Other Cyber Perils
Tudor Carsten, Jennifer Whincup (Student-at-Law)
Online defamation and the presence of other disparaging Internet content is a growing phenomenon that businesses must deal with. Given the goodwill associated with their brands, franchisors are especially vulnerable to disparaging and defamatory videos, blog postings, and web pages designed by disgruntled employees, unhappy customers, hackers and other individuals. Tudor Carsten and Jennifer Whincup examine what a franchisor can do to limit its risk and deal with damaging online content when it appears.
BUSINESS OPPORTUNITY LAWS
U.S. Business Opportunity Laws and Their Effect on
Franchisors
Will K. Woods
To many franchise lawyers, particularly non-U.S. lawyers advising their clients on expanding their franchise systems into that country, the existence of business opportunity laws, separate from state and federal franchise laws, seems to be a duplicative feature of the U.S. legal landscape. While business format franchises are generally exempt from these business opportunity laws, Will Woods discusses what franchisors and their counsel must be aware of in regard to these statutes and their impact on franchise systems.
LITIGATION
Ten Basic Strategies to Assist Franchisors in Avoiding
Litigation
Dana Schindelka, Kate Saunders
The financial and temporal cost, as well as the effort and attention expended when defending or prosecuting a litigation claim, can be substantially taxing on any client. Dana Schindelka and Kate Saunders provide ten basic suggestions that will help franchisors avoid or minimize the financial, temporal, and business reputation costs related to litigation, and will dramatically assist in developing strong client relationships (page 1265).
FRANCHISOR'S RIGHTS
Capulet's Orchard: Message and Meaning in Franchise System
Change – MBEC v. Gabel
Sam Hall
Sam Hall examines a recent arbitrator's decision involving the conversion of Mail Boxes Etc. store franchises to the UPS Store brand. The decision highlights important considerations for the interpretation of franchise contracts when a franchisor wishes to re-brand with the introduction of a new trade mark (page 1269).
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Board
Lawrence M. Weinberg
Editor-in-Chief
Cassels Brock & Blackwell LLP
Pascale Coutier
Miller Thomson Pouliot LLP
Andraya Frith
Osler, Hoskin & Harcourt LLP
Frédéric P. Gilbert
Fasken Martineau DuMoulin LLP
Ellery C. Lew
Witten LLP
Eunice Machado
Cassels Brock & Blackwell LLP
Leonard H. Polsky
Gowling Lafleur Henderson LLP
John L. Rogers
Davis LLP
Peter V. Snell
Gowling Lafleur Henderson LLP
David Sterns
Sotos LLP
Jayne Weslake
Cassels Brock & Blackwell LLP |