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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.

What Is A Life Care Plan?

HEIDI PAUL, PH.D., CRC, CLCP, LPCC Associate Professor Coordinator MS Counseling, Option Rehabilitation California State University, Los Angeles

TASA ID:

A life care plan is an organized and comprehensive plan that identifies an individual’s current and future medical needs or equipment for those who have suffered a catastrophic injury resulting in ongoing health care and personal needs. Life care plans identify service needs, such as future medical care, future surgeries, medications, diagnostic testing, evaluations, therapeutic modalities, independent functioning, wheelchair/scooter, orthotics/prosthetics, home furnishings and accessories, home/facility care, architectural renovations, and orthopedic equipment.

The plan should be well organized, clearly identifying the life care needs with a beginning and ending date for each service, the frequency and cost of the service, and the total cost for all sessions, treatments, or evaluations.  Cost for the same service should come from more than one provider, ideally obtaining costs from three different providers of the same service will yield the best estimate of cost. 

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. 

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