Franchising: Realities and Remedies

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This book covers legal compliance with federal and state contracts, antitrust and disclosure laws, protective advice for franchisor's counsel, the landlord in franchising, and the RICO statute.
“No attorney can seriously practice franchising law...without access to this valuable book.”
Robert D. Paul, Former General Counsel of the Federal Trade Commission

Franchising: Realities and Remedies provides you with specific, practical solutions to common problems faced by both franchisors and franchisees. It covers compliance with federal and state contracts; antitrust and disclosure laws; protective advice for franchisor's counsel; the landlord in franchising; and the RICO statute.

The book—cited by the U.S. Supreme Court—also encompasses: litigation approaches and remedies available to individuals and to groups of franchisees; good-faith, fiduciary and equitable considerations; punitive damage awards; contractual arbitration; cutting litigation costs; finding the best witnesses; damages and procedural devices; trademarks; trade secrets; restrictive covenants; termination of a franchise operation; the "departing" franchisee; attorneys' fees; and the Bankruptcy Code.

Book #00569; looseleaf, two volumes, 2,480 pages; published in 1981, updated as needed. ISBN: 978-1-58852-010-4

Additional Information
SKU 569
Division Name Law Journal Press
Volumes 2
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-010-4
Page Count 2480
Edition 0
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Harold Brown
The late Harold Brown graduated from Yale University and Harvard Law School and wrote a franchising column to the New York Law Journal. He was a founder and former council member of the ABA Franchise Forum Committee, the editor or associate editor of several legal publications, as well as the author of numerous legal articles. He had testified as a franchise expert before many federal and state legislative bodies, and lectured frequently for legal and business institutes, bar associations and law schools.
Updated by Ebin Sandler Member of the New York Bar (ret)
Volume 1

Introduction to Franchising

§ 1.01 Background of Franchising
[1] New Concepts
[2] Economic Developments
[3] Structural Elements
[4] State and Federal Franchise Legislation
§ 1.02 The Benefits of Franchising
[1] Potential Advantages to Franchisee
[2] Advantages to Franchisor
[3] Benefits to Both Franchisor and Franchisee
§ 1.03 Creation and Function of the Franchise Relationship
[1] What Is a “Franchise”?
[2] Functional Aspects of Franchises
[3] Mutual Contributions of Parties to Franchise Agreement
[4] Franchise Agreements
[5] Top Ten Things that a Franchisee Should Look for in a Franchise Agreement
§ 1.04 The Cost of Obtaining and Operating a Franchise
[1] Capital Costs
[2] Operating Costs
[3] Determining Whether Benefits of Franchise Operation Justify Costs
§ 1.05 Purchases from the Franchisor and Other Suppliers
[1] Franchisor Controls over Purchasing
[2] Economic Benefits to the Franchisor
[3] Competitive Impact of Franchisor-Imposed Restrictions on Purchasing
[4] Independent Sourcing for Goods and Services
§ 1.06 What a Prospective Franchisee Should Look for in a Franchisor and Its System
[1] Introduction—Determining Whether to Become a Franchisee
[2] Self-Evaluation by the Prospective Franchisee
[3] Evaluation of the Market for the Franchise
[4] Evaluation of Options Other than a Particular Franchise
[5] Review the UFOC

Control and the Power Imbalance in the Franchise Relationship

§ 2.01 Introduction
§ 2.02 Training, Supervision

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