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Posted on Dec 19, 2011

Top 10 Franchise Law Articles of 2011

As the year comes to a close, we take a look back at our top 10 franchise law articles from 2011.

  1. Understanding the Franchise Disclosure Document (8-Part Series) – This comprehensive series from early in the year provides an in-depth look at the contents of a typical Franchise Disclosure Document (FDD).
  2. Considerations for Developing a Franchise System – Entrepreneurs and established businesses considering making the transition to a franchised system have several important factors to keep in mind. This article discusses some of the fundamental considerations for developing a franchise system.
  3. Don’t Forget: Compliance Beyond Federal and State Franchise Laws – Both start-up and active franchisors need to keep in mind that their legal obligations extend beyond preparing a compliant FDD. This article takes a look at some of the non-franchise laws that have important implications for franchisors.
  4. How to Perform Meaningful Due Diligence When Investigating a New Franchise Opportunity – Turning to prospective franchisees, this article provides some valuable tips on what to look for when evaluating new franchise opportunities.
  5. 5 Traps for the Unwary Prospective Franchisee – Following up on number 4, this article takes a more in-depth look at some potential pitfalls for prospective franchisees.
  6. 5 Tips for Young Entrepreneurs considering Franchises – Young entrepreneurs often face additional hurdles (for one reason or another) when going into business for themselves. This article provides some good, practical advice for young entrepreneurs who are considering franchise opportunities.
  7. Know Before You Go – Non-Compete Provisions in Franchise Agreements – Among the many critical provisions in the typical franchise agreement is the post-term non-competition covenant. Even if you’re not worried now about the ability to operate a competing business when the franchise agreement expires now, you may have different feelings after you’ve operated the business for 10 years (or more) and developed a loyal following in your area. This article takes a look at some important considerations concerning non-competition provisions.
  8. Social Media Tips for Franchisors and Franchisees (from a Franchise Lawyer) – The influence of social media in modern business is undeniable; yet, many franchise agreements either (i) prevent franchisees from using it, or (ii) ignore the issue altogether. In addition, social media raises additional concerns for franchisors and franchisees alike when it comes to employment, marketing and other issues. This article takes a look at some important considerations relating to the business use of social media.
  9. Chick-fil-A Wants You to Eat Less Kale? – Chick-fil-A is involved in a very public legal dispute with an artist in Vermont who makes a living selling t-shirts with the slogan, “Eat More Kale”. In this article I discuss why Chick-fil-A’s efforts are justified, and why other franchisors need to study this page from Chick-fil-A’s playbook.
  10. Protect Your Brand: Trademark Monitoring for Franchisors – This article (which was published prior to the Chick-fil-A article), discusses the critical process of trademark monitoring, with a particular focus on its relevance for franchisors. Only by conducting active trademark monitoring can franchisors truly protect the value and image of their brands.

Jeff Fabian is a franchise and trademark lawyer who represents both franchisees and franchisors. He can be reached at 866.545.7859, or online at You can also follow Jeff on Twitter @jsfabian.

This article is provided for informational purposes only, and does not constitute legal advice.

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