United States: Franchising

Buying a franchise requires careful evaluation of the Franchise Disclosure Document (FDD), a standardized legal document that reveals the true costs, restrictions, and risks behind the opportunity. This comprehensive guide examines the critical sections that determine whether a franchise investment will succeed or fail, from hidden fees and supplier markups to territory protections and renewal rights that can transfer your business value back to the franchisor.

A New Jersey federal court ruled that an exclusive reseller agreement for law enforcement training curricula may constitute a franchise relationship under state law, despite the parties never using the term "franchise."

Peter Sluka wrote a month ago about Matter of Lin v Sun ___ AD3d ___ (2026 NY Slip Op 02065 [1st Dept Apr. 7, 2026]). In Lin, the First Department unanimously rejected a petitioner-appellant’s claim she acquired...

Virginia's amended Retail Franchising Act introduces mandatory Virginia law governance for all franchise agreements and prohibits post-termination noncompete restrictions, fundamentally altering how franchisors structure their agreements with Virginia franchisees. The legislation raises critical questions about franchise system consistency and franchisee mobility after contract expiration.

Virginia has enacted legislation banning post-term non-compete provisions in franchise agreements offered or sold in the state starting July 1, 2026. The new law requires franchisors to update their disclosure documents and franchise agreements, though existing agreements remain unaffected. What steps must franchisors take to ensure compliance with these new restrictions while navigating the transition period?

In this episode of The Upper Brand, hosts Rich Assmus and Kristine Young are joined by James Ferguson and Ana Leticia Allevato to discuss how IP licenses, distribution deals, and collaboration agreements can be recharacterized as franchise relationships under U.S. and Brazilian law.

More than ever, investing in sports teams has become an attainable reality for a broader range of investors. Too often, however, the excitement surrounding a deal can overshadow a disciplined, process-driven approach to assessing its merits.

Texas courts, especially those in the Eastern and Western Districts, continue to attract patent lawsuits. Fast-paced dockets and plaintiff-friendly juries often lead to challenging litigation environments for franchisors.

A recent federal court decision underscores courts' willingness to enforce clear language in franchise agreements imposing reasonable post-termination obligations on franchisees held to be in breach.