Obtain an understanding of franchise and distribution law under federal and state regulations.
A franchise business model has many components and given the state and federal enforcement rights for noncompliance, it is imperative for businesses to understand the legal components of a franchise and to comply with the unique obligations under applicable law if their business meets the franchise definition. This topic will help you understand when a franchise relationship has been established and when compliance with state and federal law is required. This material will also cover the pre-sale disclosure obligations, the various types of franchise relationships, provide an overview of the laws that apply to the parties ongoing relationship, and detail the potential consequences of failing to comply with applicable law. This information is important to understand the complexities of complying with the various laws that apply to different types of franchise relationships.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Elements of a Franchise
- Federal Elements
- Association With a Trademark
- Franchisor Control or Assistance
- Required Payments
- State Elements
- Marketing Plan
- Community of Interest
- Implications of Meeting Elements
- Business Opportunity Laws
- Exemptions
- Minimum Payment
- Fraction Franchise
- Petroleum Marketers
- Insiders
- Others Based on Specific Circumstances
Types of Franchise Agreements
- Unit Franchise Agreements
- Area Development Agreements
- Area Representative Agreements
- Subfranchise/Master Franchise Agreements
Pre-Sale Disclosure Requirements
- Sources of Law
- FTC Guidance
- NASAA Guidance
- State Law
- Franchise Disclosure Document
- Items
- Supplemental Disclosures
- State Law Requirements
- Registration
- State Specific Amendments
- Amendments and Renewal
State Relationship Laws
- Termination
- Renewal
- Transfer
- Dispute Resolution
Federal and State Remedies
- Federal Remedies
- Damages and Attorney's Fees
- Cease and Desist Orders
- Civil Penalties
- Franchise Compliance Training
- Recession of Franchise Agreement
- Temporary Restraining Order
- Injunctions
- Negative Disclosures
- State Remedies
- Civil Liability
- Criminal Liability
- Restitution
- Civil Fines
- Who Is Liable?
Hot Topics in Franchising
- Joint Employer/Vicarious Liability
- Minimum Wage Laws
- Anti-Poaching/Non-Solicit Provisions
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on September 22, 2021.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Colin Krull
Greenberg Traurig, LLP
- Associate with Greenberg Traurig, LLP
- Franchise associate with 15 years’ experience as a franchise paralegal
- Routinely helped to train new associates on basics of franchise law
- Member of International Franchise Association; member of American Bar Association Forum on Franchising
- J.D. degree, with honors, Chicago-Kent College of Law; B.A. degree, Marquette University
- Can be contacted at 312-236-4950 and [email protected]
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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