a
Menu
0

800-523-2319experts@tasanet.com

Articles

Global Economic Development Through The Utilization of The Franchise System

TASA ID: 11532

PREFACE


I
nternational franchising has fascinated me for many years.  I still get excited seeing a familiar trademark when driving down a street in New Delhi, Cairo, or Paris.  While traveling outside the United States, my wife and I will frequently play a game seeing who can point to a recognized sign first such as McDonald’s or Gold’s Gym with the same exuberance of children playing car-trip games.  

Much has been written in recent years extolling the virtues of franchising as it exists in the United States.  However, there has been a dearth of information and analysis of the economic impact and potential of franchising, or similar economic expansion systems, in developing countries. Most of what has been written about international franchising has dealt with the legalities pertaining to franchise law, licensing, and trademark and patent law, and their disparities from country to country.  In spite of the scarcity of academic and research analysis, the period between the 1980s and the early-2000s witnessed a dramatic increase in international franchising and similar commercial expansion activity. This has occurred not only in Western Europe but also in Asia, South and Central America, Eastern Europe and, to a more modest extent, Africa and the Middle East. In this article, I attempt to point out some of the benefits and consequences of importing Western (essentially American) franchises and franchising techniques into developing economies.  

WHEN A PUBLIC COMPANY EMBARKS UPON FRANCHISING

TASA ID: 11532

The process of seeking and finding qualified franchisees is not only the first step to building a strong franchise network, but it lays the foundation for attracting future stockholders that tend to retain their stock during good times and bad.

The reverse is also true; franchisees that own stock in the franchisor-public company are less inclined to be “breakaway” franchisees or vociferous disenchanted franchisees that are receptive to joining class action suits against the franchisor.

What Every Small Business Needs to Know About Avoiding Wrongful Termination Lawsuits

TASA ID: 321

Small businesses are as vulnerable to wrongful termination lawsuits as much as large businesses. While I am not an attorney, as a small business owner who does a great deal of consulting work with HR departments, I think it’s imperative to know the risks and issues surrounding employee terminations. Wrongful terminations, also known as wrongful discharges or wrongful dismissals are legal terms that describe a situation where an employee was fired and the reason for the firing appears to be against the law. There are many causes for this but no matter the cause; it can be costly for a small business to be sued. Studies have shown that a company's legal costs in a wrongful termination lawsuit can run up to $85,000, and that winning plaintiffs receive judgments averaging $500,000.

THE CASE WHEN THE TABLES WERE TURNED

TASA ID: 408

When I was recommended by my own attorney to one of his colleagues, I found myself in an awkward situation. It was awkward because I didn’t want to return any obligations which may have jeopardized my relationship with my counsel and which may require that I ‘find’ I disagreed with my suggested role as a consultant. Regardless, I was introduced to the attorney who represented the husband in a pending divorce case.  Study of the situation revealed that there was an abundance of money involved, and the ‘departing’ wife wanted a large share of it all.  The husband wanted to mitigate his obligations.

Difference Between Licensing and Franchising

TASA ID: 11532

Many businesspeople and professionals think that franchising and licensing are the same, but the fact is that they are different. Given the prevalence of franchising and the interstate, national, and even international scope of so many franchise networks today, attorneys need to know about potentially applicable federal, state, and foreign franchise laws. Franchise sales in the United States are subject to dual regulation at the federal and state level, depending on where the parties reside or do business. The federal franchise sales law, originally adopted in 1978 and overhauled in 2007 regulates franchise sales in all 50 states, including wholly intrastate transactions, per the 2007 version of 16 C.F.R. § 436 (hereinafter “Amended FTC Rule”).

 

To read the full article, download the PDF below. 

RSS
First910111214161718Last

Theme picker

Categories

Loading
  • Let Us Find Your Expert

  • Note: This form is to be completed by legal and insurance professionals ONLY. If you are a party in a case that requires an expert witness, please have your attorney contact TASA at 800-523-2319.

Search Experts

TASA provides a variety of quality, independent experts who meet your case criteria. Search our extensive list of experts now.

Search Experts
b