The applicability of state and federal franchise law to a business relationship depends on whether the relationship has all the definitional elements of a “franchise.” It is irrelevant that the parties do not call their business relationship a franchise, never intended to create a franchise relationship or have otherwise expressly disclaimed the existence of a f
Regardless of the size or complexity of your organization, you are likely using third-party vendors to leverage their expertise, help lower costs and improve efficiencies, and expand your organization’s capabilities. Engaging third-party vendors who will have access to your system in the age of the dark-web, ransomware, and cyber-terrorism, however, can significantl
Countries around the world are bracing for more fallout from Friday’s worldwide ransomware attack. Security experts are calling the so-called WannaCry malware attack the largest such attack in history. So far, more than 150 countries and major businesses and organizations, including FedEx, Hitac
Preparing for business disputes requires thinking ahead. Businesses can both limit their exposure and maximize their control of potential future disputes through the use of well crafted arbitration clauses. Arbitration is not a “one-size-fits-all” proposition. Although substantial negotiation often occurs over the business terms of a contract, the contract p
Many employers were working diligently to ensure compliance with the U.S. Department of Labor's ("DOL") Final Overtime Rule ("New Rule") which would have raised the salary threshold from $455 to $913 per week, or from $23,660 to $47,476 per year, for the executive, administrative, and professional exemptions from the overtime rule. It was projected that 4 million U.
On October 31, 2016, McDonald’s reportedly agreed to settle a class action lawsuit brought by former and current employees of one of its franchisees. The underlying class action lawsuit centered on claims brought by the franchisee’s employees against McDonald’s under the theory of “joint employer” liability. As described in