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ALM Product :BOOK
ISBN: 9781588520104
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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. Two volumes.

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Table of Contents

CHAPTER 1

Introduction to Franchising



CHAPTER 2

Control and the Power Imbalance in the Franchise Relationship



CHAPTER 3

Franchising Manual



CHAPTER 4

Deception, Trickery, and Concealment in the Operation of a Franchise



CHAPTER 5

An Overview of Legal Problems and Remedies



CHAPTER 6

Disclosure Regulations and Their Enforcement



CHAPTER 7

Other Statutes Including “Little FTC” Acts



CHAPTER 8

Using the Common Law



Volume 2



CHAPTER 9

Good Faith, Fiduciary and Equitable Considerations



CHAPTER 9A

Mergers and Acquisitions of Franchise Systems



CHAPTER 9B

Renegotiating



CHAPTER 10

Protecting Franchisees Under the Antitrust Laws



CHAPTER 11

Procedural and Collateral Matters



CHAPTER 12

Complex and Significant Legal Concepts



CHAPTER 13

Some Major Concerns About Franchising Going Forward



Appendices

Index