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Franchising: Realities and Remedies
By Harold Brown, J. Michael Dady, Jeffery S. Haff and Ronald K. Gardner, Jr.
Publisher: ALM
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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.
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.
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
