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Thanks for the Memories : Compensating Franchisee Goodwill after Franchise Termination
Emerson, Robert W. - 2019
current state of franchise law and related concepts such as the franchisor's or franchisee's goodwill are still underdeveloped … treatment of goodwill upon termination of the franchisor-franchisee relationship. The Article argues for reforms, such as … mandated pilot units prior to franchising. Most importantly, this Article proposes the adoption of a presumption favoring …
Persistent link: https://www.econbiz.de/10012870953
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U.S. Franchise Regulation as a Paradigm for the European Union
Emerson, Robert W.; Meiselles, Michala - 2021
The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call for a review of regulations governing Europe’s...
Persistent link: https://www.econbiz.de/10013214733
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Sanctions, Nukes and Juche : Franchising in North Korea
Emerson, Robert W.; Parnell, Jason - 2023
, including franchising, to North Korea. Economic liberalization and enhanced foreign capital, investment, and franchising can be …
Persistent link: https://www.econbiz.de/10014361078
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Bound by Bias? Franchisees' Cognitive Biases
Emerson, Robert W. - 2019
in the franchising context, this article incorporates a survey of franchisees; it provides empirical evidence of the …
Persistent link: https://www.econbiz.de/10012865812
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Franchisees, Consumers, and Employees : Choice and Arbitration
Emerson, Robert W.; Hunt, Zachary - 2022
Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement. This Article studies common...
Persistent link: https://www.econbiz.de/10013289467
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Goodwill Indemnity in Franchising : The European Goodwill Recoupment Doctrine as a Framework for American Franchise Relationships
Tolay, Erol Gokhan - 2017
franchisees from opportunism. However, these laws have been criticized for being harmful to the franchising sector as they … goodwill recoupment. Under the proposed approach, once a franchise comes to an end, the franchisee would be entitled to a … payment for its goodwill. The payment does not depend on the franchisor's wrongdoing; if and to the extent that a franchisee …
Persistent link: https://www.econbiz.de/10012950205
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Franchising Constructive Termination : Quirk, Quagmire or a French Solution?
Emerson, Robert W. - 2018
In Mac's Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010), the Supreme Court held that a service station franchisee pursuing a claim of constructive termination against the franchisor must, under the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (1978), abandon the...
Persistent link: https://www.econbiz.de/10012909041
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Franchising Lessons in the Age of Incivility : Operations Manuals and Trade Secrets
Emerson, Robert W. - 2022
The framework for a successful franchise relationship governs procedures, performance, and standards. The franchisor agrees to lend, in effect, its intellectual property and guidance, among other things, in exchange for the franchisee’s royalties and other payments. Before entering into an...
Persistent link: https://www.econbiz.de/10013296694
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A Corporate Governance Perspective on the Franchisor-Franchisee Relationship
Bishara, Norman - 2014
The franchisor-franchisee relationship is unique in that it has characteristics of both an arm's length business transaction as well as an ongoing business relationship. As time goes by, however, the interests of the parties may diverge. It is in the franchisees' interest to make their...
Persistent link: https://www.econbiz.de/10013050746
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The Five Stones : Bill 15, the Franchises Act
Wayne, Mary-Ellen - 2018
This paper outlines a wide range of new protections extended to franchisees in Manitoba under The Franchises Act (2010). The act explicitly extends five key protections to individuals entering into franchise agreements with a franchisor, including the duty of fair dealing, the right to...
Persistent link: https://www.econbiz.de/10012913066