By Robert Emerson & Uri Benoliel. The most vital debate in the field of franchise contract law over the last few decades has focused on the following issue: Whether the law should protect franchisees against franchisor opportunism. Franchisor advocates suggest that franchisee protection laws, commonly known as ―franchise relationship laws,‖ are...
Rethinking the U.S. Supreme Court’s Abandonment Requirement in Mac’s Shell Service, Inc. V. Shell Oil Products
In 2010, the U.S. Supreme Court ruled that a franchisee who sues her franchisor for constructive termination of the franchise contract must abandon her franchise unit before filing the suit. Dr. Uri Benoliel, head of the Commercial Law Department at the Academic Center of Law & Business, recently published an article in the Rutgers Law Journal noting that...
Recent Revision of Ohio Business Opportunity Law provides new protections for Franchisees
Ohio’s Business Opportunity Law was recently amended, significantly increasing the rights and remedies of franchise owners. The author of this post was privileged to be a member of the Committee of the Ohio Bar Association that drafted the new law. No registration or other governmental filing by a franchisor is required in Ohio. However, unlike other...
Stanley M. Dub
Stanley M. Dub Co. LPA is a law firm located in Cleveland, Ohio. Mr. Dub has more than 30 years of experience representing clients involved in franchising. Typical franchise assignments involve (i) preparation of franchise disclosure documents for new franchisors, (ii) review of documents for buyers of franchises, and (iii) representation of both franchisors and...
Robert Purvin
Robert Purvin is the Chairman and CEO of the American Association of Franchisees and Dealers, a national non-profit trade association that is dedicated to supporting and protecting the rights of franchise owners. The AAFD's mission is to define, identify and promote Total Quality Franchising practices, and the AAFD supports is mission by: Promoting...