When buying a franchise, one of the most important steps in the due diligence process is to carefully review the franchise agreement. The franchise agreement governs the terms of the relationship, and it covers everything from the opening deadline to the franchisee’s obligations post-termination. Given the importance of the franchise agreement – in addition to its density and complexity – the best way to ensure that you understand its terms is to hire a franchise lawyer to review it for you.

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The COVID-19 pandemic has impacted the franchise industry in unprecedented ways. In addition to fundamentally changing the way that many franchisors and franchisees operate, the pandemic has heavily influenced franchise agreement negotiations. Here, franchise attorney Jeffrey M. Goldstein discusses five franchise agreement provisions that require careful consideration in the wake of the pandemic:

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The IFA Legal Symposium is an annual event that brings together franchise lawyers from across the United States and around the world to discuss recent legal developments in the world of franchising. This year’s Symposium is being held virtually, and many of the topics that will be covered during the event are signs of the times as well.

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Two recent articles from Franchise Times and FranchiseDirect.com address the question of how much time franchisees can expect to invest in operating their franchises. The Franchise Times article approaches the question from the perspective of knowing when it is time to outsource, while the FranchiseDirect.com article examines the factors that influence how many hours franchisees work. Here, franchisee attorney Jeffrey M. Goldstein shares his thoughts based on well over 30 years of experience working with franchisees.

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Under the right circumstances, forming a franchisee association can be a highly effective way for franchisees to get their franchisor’s attention and generate bargaining power that they can use in negotiations. Here, franchisee lawyer Jeffrey M. Goldstein discusses some important considerations for forming a franchisee association:

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For individuals who live in a treaty country and are thinking about starting or acquiring an existing franchise in the United States, one of the first steps is often to apply for an E-2 visa. The E-2 visa is available to foreign nationals who are prepared to invest “a substantial amount of capital” in a U.S.-based business. Due to the benefits that a franchise can offer, many foreign investors choose to pursue a franchise as a means for obtaining an E-2 visa. Here, franchise lawyer Jeffrey M. Goldstein provides an overview of the E-2 visa requirements as well as some other important considerations for buying a franchise in the United States.

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The International Franchise Association (IFA) recently released its Annual Economic Outlook Report for 2021. As summarized on the IFA’s website, “The report offers an in-depth look into franchising’s growth trend following the economic fallout due to the COVID-19 pandemic . . . . [T]he report forecasts positive growth expected for franchise businesses in 2021, provided continued federal support, and suggests the potential to reach pre-pandemic levels of economic output by the end of the year.” Here, franchisee attorney Jeffrey M. Goldstein takes a look at some of the key data from the report.

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On February 16, 2021, the California Department of Financial Protection and Innovation (DFPI) issued an order requiring Burgerim, a startup burger franchise, to offer rescission and full restitution to its franchisees. As reported by the Franchise Times, Burgerim sold 1,550 franchises over approximately five years, but only about 130 of its franchisees were ultimately able to open for business. As franchise lawyer Jeffrey M. Goldstein explains, Burgerim committed various disclosure violations and engaged in various other forms of improper conduct as well.

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A recent article in the Franchise Times discusses the success of an emerging franchise system. In part, the article attributes the system’s success to having an “on-trend brand.” But, making a long-term investment in a franchise based on a trend isn’t necessarily the best decision—as trends can fade long before franchise agreements expire. With that said, if a trend is here to stay, then buying in could prove to be a smart investment. So, how do you decide? Here are some insights from franchisee lawyer Jeffrey M. Goldstein:

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It’s the time of year when many online publications release their annual lists of the “top” franchises. The Franchise Times is the latest to join the list, with its “10 Top Franchises to Buy” released on February 24. While franchise reviews like these can be informative in some respects, prospective franchisees need to take them with a grain of salt, and they need to make their own informed buying decisions based on thorough due diligence.

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