Mr. Siegelheim and Mr. Carnell how to access capital in order to fund your franchise. Mr. Siegelheim and Mr. Carnell discuss the benefits of using your retirement fund as a way to fund your franchise.

You can download the full podcast here.

Mr. Siegelheim and Mr. Nathan discuss the differences between the franchise industry in the United States and Australia. Specifically, they discuss the pros and cons of focusing on unit sales versus focusing on franchisee follow-up and relationship building.

You can download the full podcast here.

 

Mr. Siegelheim and Mr. Rocchio discuss the economic outlook for 2010 in relation to franchising in the wake of the current economic downturn. Mr. Siegelheim and Mr. Rocchio also address the many benefits available to new and existing franchisors as member of the International Franchise Association.

You can download the full podcast here.

Retrofitness franchises have been steadily increasing in number over the last few years.  Back in November 2005, Retrofitness entered into a license agreement with Model A’s owners for the development of a facility in Boonton, but Model A alleges in its Complaint filed in New Jersey Superior Court that Retrofitness’ principal, Eric Casaburi, enticed them into the license agreement through a series of false promises and misrepresentations, and then attempted to coerce them into signing a franchise agreement on far less favorable terms for the owners.  When the owners refused, Retrofitness terminated the license agreement and, according to the Complaint, opened a new location up the street which unfairly competed with Model A. 

The case is being watched because it raises significant issues under the Franchise Practices Act, and also because it will test the applicability of New Jersey’s Consumer Fraud Act generally to franchises.  The Complaint filed in New Jersey Superior Court can be viewed online here.

The article discusses the differences, and advantages, between an S Corporation and a C Corporation. Mr. Sigelheim points out that although S Corporations currently receive tax breaks which were put in place by former President Bush, President Obama’s proposed budget for 2011 does not include the renewal of these tax cuts, and therefore, in the future it may be more profitable to operate as a C Corporation. 

You can read the full article online here.

The seminar will discuss the legal implications, benefits and detriments of buying an existing business, buying a franchise, and starting a business from scratch.  Mr. Kvitka will also address the issues which commonly arise with new businesses, including how to structure the transactions, due diligence, intellectual property issues and how to negotiate a commercial lease.

 
To register for the seminar, contact SCORE at: info@scoreprinceton.org, or by phone at 609-393-0505.

The seminar will discuss the pros and cons of three business startup options:  buying an existing business, purchasing a franchise, or building your own business.  It will also cover how to negotiate commercial leases and vendor contracts for maximum protection. 

To register for any of these seminars, send an email to info@scoreprinceton.org, or call SCORE at 609-393-0505.

How To Franchise Your Business In Plain English from Stark & Stark on Vimeo.

You can listen to the full podcast online here. (5.5 MB)
 
 

You can download the full podcast here. (7 MB)
 

Mr. Siegelheim, Mr. Greenberg and Mr. Johnson discussed the recent economic climate in relation to the franchise industry, and what this will mean in the future for franchisors. You can download the full podcast here. (7.7 MB)

The seminar will feature a discussion of the weakening economy and it's effects on many franchises, ranging from restaurants to convenience stores to staffing services who are now seeking bankruptcy protection. The Bankruptcy Code addresses how franchise agreements are treated in bankruptcy; however, the Code does not resolve all of the unique issues that arise for franchisors and franchisees. It is critical that franchise counsel develop strategies to anticipate and protect against the fallout from bankruptcy.

This teleconference will highlight key legal issues that arise during a franchisor or franchisee bankruptcy. The program will also offer best practices for creating a franchise agreement in order to protect their respective interests and maximize their recovery under the Bankruptcy Code.

You can access additional information and a registration form here.
 

Members of the International Franchise Association gave a thorough argument against the bill, despite some tough questioning by the Committee members. I also gave some brief testimony on the technical aspects of the proposed bill. The fight against this bill is just beginning – and since passage of this bill could have a chilling effect on all types of franchising in New Jersey – this is a fight the franchising community needs to win.

 

Mr. Siegelheim comments on the recent trend of franchise bankruptcies among large restaurant systems. Mr. Siegelheim discusses the impacts these recent bankruptcies have had on the franchise industry as a whole, as well as what this could mean for franchisees and franchisors in the future if this trend continues.

You can read the full article here (PDF).

The webinar will focus on the newly revised FTC Franchise Rules, which require that all franchisors provide for certain disclosures to prospective franchisees. Under the new rules, a franchisor is now required to file basic information about the franchisor, the franchised business, and the franchise agreement. Mr. Siegelheim and Mr. Kvitka will review the recent trends in franchise law, and will discuss the impact of the new law on the preparation of disclosure documents, franchise agreements, and state registrations.

You can access additional information and a registration form here.

As I mentioned in a previous blog post:

House Bill 2491 and Senate Bill 1539 of the New Jersey Legislature seek to expand the type of franchises, which are subject to the New Jersey Franchise Practices Act. In general, the New Jersey Franchise Practices Act currently applies to franchises where: 1) the franchisor has granted the franchisee a license, mark, trade name, etc.; 2) there is a “community of interest” in the marketing of goods and services; 3) where the franchisee has established or maintains a “place of business” in New Jersey; 4) where the gross sales between franchisor and franchisee are more than $35,000 in the prior year; and 5) more than 20% of the franchisee’s sales are derived from the franchise. The proposed change in the statute would apply the provisions of the Franchise Practices Act to “mobile” franchises, in other words, franchises that do not have a brick and mortar location. Under the proposed Bill, a “place of business” would include a location where the franchisee “displays for sale or at which or from which the franchisee sells the franchisor goods.” This would include an office or warehouse from which franchisee personnel visit or call upon customers or, perhaps more importantly from which the franchisor’s goods are delivered to customers.

Mr. Kvitka discusses the risks associated when opening a business - whether it is your first business or you are an established business owner looking to expand into a new market. Mr. Kvitka advises business owners to make sure that the transaction is properly structured, that you’ve exhaustively investigated the target business, and that the contract for sale is properly drafted.

You can read the full article here (PDF).