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Since at least 2008 the authors of this article have noted and expressed their collective concern about the antiquated state of New York’s 1981 franchise law

On June 20, 2023, the New York State Legislature passed a bill that would impose a blanket ban on New York employers from entering into non-compete agreements with employees.

A discussion of the Federal Trade Commission’s recently proposed regulation on non-compete agreements, which, if enacted, would ban all worker non-compete agreements

Franchisors can no longer use franchisee questionnaires during the franchise sales process, according to a new Statement of Policy effective January 1, 2023, issued by the North American Securities Administrators Association (“NASAA”), whose guidelines are followed in the 13 franchise registration states.

According to Franchise Times, a franchise discovery is the industry’s version of a show-and-tell. Prospective franchisees are brought to the brand’s corporate office for a day of interactions and education as the franchisor works to prove that it is the best option for attendees to invest in.

The Federal Trade Commission (FTC) has recently signaled a new drive to bring federal enforcement action against franchisers who violate the franchise disclosure rules by engaging in misleading sales practices.

Recently enacted amendments to the federal Lanham Act trademark statute (Trademark Modernization Act of 2020) which took effect last month, create new procedures and rules that will benefit trademark owners by:

The battle to define the dividing line between two business models (franchisee versus employee) continues in the courts, state legislatures, and federal agencies, as employee activists continue to press the case that certain franchise relationships actually constitute an employment relationship.

Franchisors and state regulators have been struggling with the issue of how franchisors can continue to sell franchises in the midst of the coronavirus pandemic in a way that is not misleading, particularly if their franchise disclosure document (FDD) contains historical information from 2019 about franchisee financial performance which predates the pandemic?