Mediation vs. Arbitration: Preparing for ADR with Your Franchisor
Jan 17, 2024 - Blog by Goldstein Law Firm |If you own a franchise, any disputes that arise between you and your franchisor will be subject to the terms of your franchise agreement. Most likely, this means that your dispute will be subject to mandatory mediation or arbitration—or perhaps both. As franchise lawyer Jeffrey M. Goldstein explains, while these forms of alternative dispute resolution (ADR) are supposed to be neutral, there’s a reason why franchisors almost universally require ADR.
2023 Year in Review: What Lessons Can Franchisees Carry Into 2024?
Dec 29, 2023 - Blog by Goldstein Law Firm |Each year, we publish lots of articles for franchisees on our blog. We know that being a franchisee can be hard, and we want to make sure that those who need legal help are able to make informed decisions about their next steps. While some of our articles are relevant to a specific point in time, most are designed to serve as resources for years to come.
What is the Most Important Clause in Your Franchise Agreement?
Dec 22, 2023 - Blog by Goldstein Law Firm |When you are going through the process of buying a franchise, it is critical to review the franchise agreement. Not only will the franchise agreement govern your relationship with your franchisor, but it will also dictate what happens if something goes wrong. Will you be required to use designated suppliers (even if you can find lower prices elsewhere)? What will you need to do in order to renew? Will you be required to arbitrate in the franchisor’s home state in the event of a dispute? Will you be liable for liquidated damages if the relationship ends prematurely?
Buying a Franchise in 2024: What Do Prospective Franchisees Need to Know?
Dec 15, 2023 - Blog by Goldstein Law Firm |So, you’re thinking about buying a franchise in 2024. What do you need to know? Buying a franchise is a major investment with significant legal financial implications—so it is critical that you make an informed buying decision. Here are some key insights from franchise attorney Jeffrey M. Goldstein.
When is a Franchisor Liable for Encroachment?
Nov 30, 2023 - Blog by Goldstein Law Firm |For many franchisees, territorial protections are essential to their profitability. Facing competition from multiple businesses serving potential clients or customers both in person and remotely, franchisees need to know that they will not face additional competition from within their own brands.
Should You Buy a Seasonal Franchise?
Nov 23, 2023 - Blog by Goldstein Law Firm |From stores that sell Halloween costumes to stores that sell winter holiday décor, we see lots of seasonal businesses pop up this time of year. Recently, we have seen a trend of businesses offering holiday decorating services as well. Many of these stores are franchised outlets. If you are interested in owning a holiday-centric business, is a seasonal franchise right for you? Here are 10 key considerations from franchise lawyer Jeffrey M. Goldstein.
What Not To Do if You Are In a Dispute with Your Franchisor
Nov 16, 2023 - Blog by Goldstein Law Firm |As a franchisee, facing a dispute with your franchisor can be a stressful and frustrating situation. But it is important not to lose your cool. You need to be careful to protect yourself—and while this means taking certain steps, it means avoiding several potentially costly mistakes as well.
What Are Your Legal Rights As a Franchisee?
Aug 31, 2023 - Blog by Goldstein Law Firm |“What are my legal rights as a franchisee?” As a franchisee law firm, we hear this question all the time. Most often, it comes from individual franchisees who are struggling to get by and who want to know what options they have—if any—to try to protect their investment.
How To Deal with Being Labeled a “Problem Franchisee”
Aug 24, 2023 - Blog by Goldstein Law Firm |As a franchisee, maintaining a good working relationship with your franchisor is important. It’s important for managing the stress of franchise ownership, it’s important for maintaining good lines of communication, and it’s important for managing your risk. If you get labeled a “problem franchisee,” not only can everything become much more difficult, but it can also put your franchise (and possibly your finances) in jeopardy.
What Makes You a “Good” Candidate for a Franchise?
Aug 17, 2023 - Blog by Goldstein Law Firm |As a prospective franchisee, you want to put your best foot forward. Once you do your preliminary research and decide on the franchise concept you want to pursue, you want to make sure you give yourself the best chance possible to move forward with an acquisition. While some franchisors are desperate for franchisees, these probably aren’t the franchisors you want to consider (at least not without being very careful). On the other hand, if a franchisor only has a select few desirable territories left in your area, you will want to do everything you can to make sure you don’t miss out on a good opportunity.
