Barry Kurtz dark logoFranchise First and Foremost
January 2012 

21650 Oxnard Street

Suite 500
Woodland Hills, CA 91367
818-827-9229

CONGRATULATIONS TO CLIENTS IN THE NEWS!

 

Entrepreneur Magazine recently published its 33rd Annual Franchise 500. Four of our clients, 1-800 Water Damage, Beef 'O' Brady's, Fiesta Insurance Franchise Corporation and TGA Premier Junior Golf, were listed in the top 400 of the 500 franchisors that qualified.

  

To be eligible for the Franchise 500 ranking, each franchisor must have a minimum of 10 units with at least one franchise located in the U.S., must be seeking new franchisees in the U.S. and must satisfy a number of objective standards for financial strength and stability, growth rate and size. These factors are plugged into the Franchise 500 formula, with each eligible company receiving a cumulative score. The 500 franchisors with the highest cumulative scores become the Franchise 500.

 

FRANCHISOR 101:  RELIEF IS JUST A RELEASE AWAY

 

The great value of a general release in a franchisor's favor in transactions with franchisees was highlighted in a recent Michigan federal District Court decision. The franchisor and franchisee entered into a release agreement two years after the franchisee had filed an action against his franchisor based upon alleged irregularities in his purchase of the franchise. The franchisee waived all claims he had against the franchisor in the release agreement in exchange for the franchisor's waiver and deferral of franchise fees, but later tried to set aside his release, claiming that he had been misled into signing it by the franchisor. The Court disagreed on the facts presented and upheld the release. To see the entire case, click here,

FRANCHISEE 101: INTERSTATE PROTECTION FOR OUT-OF-STATE FRANCHISEES

 

In a decision that may benefit franchisees in the future, the U. S. Ninth Circuit Court of Appeals recently held that the Washington "franchisee bill of rights" applied to a relationship between a California franchisee and a Washington franchisor even though the franchised business was located in California and not Washington since the "franchisee bill of rights" did not include limitations on its geographic boundaries. To see the entire case, click here.

BARRY KURTZ HONORED AS 2012 SUPERLAWYER

 

Barry Kurtz has been selected as a 2012 Super Lawyer in his specialty of Franchise Law. This honor is bestowed by the Journal of Law and Politics, in conjunction with Los Angeles Magazine. Barry was likewise selected as a Super Lawyer in 2010 and 2011.
 
The Super Lawyer designation is the result of peer evaluation. Nominations are received from thousands of lawyers throughout the state. According to the Journal of Law and Politics, this honor is reserved for the top 5% of the lawyers in each practice area.

BARRY KURTZ INCLUDED IN NY TIMES ARTICLE ON FRANCHISING 
 

On January 12, 2012, the New York Times, Small Business Section, included a case-study on the options available to a franchisee whose Australian franchisor went bankrupt. Barry Kurtz suggested that the franchisor "should aggressively try to acquire the original franchiser's intellectual property in Australia or at least investigate who might be making any claims on it. That would help protect him down the road from any claims that his new business is infringing on any trade secrets associated with the original business." To see the entire article, click here.

SOUTHWESTERN LAW SCHOOL NETWORKING GROUP TO MEET JANUARY 26
 

In July 2011, Barry Kurtz, a member of the Board of Directors of the Southwestern Law School Alumni Association, co-founded a San Fernando Valley networking group for Southwestern Law School graduates with estate and tax planning attorney Doron Tisser. The group will meet again on January 26, 2012. Southwestern graduates who either work or live in the San Fernando Valley and would like to attend the January 26 meeting should contact Barry at bkurtz@barrykurtzpc.com.  

This communication published by Barry Kurtz, APC is intended as general information and may not be relied upon as legal advice, which can only be given by a lawyer based upon all the relevant facts and circumstances of a particular situation.

Copyright Barry Kurtz, A Professional Corporation 2012
All Rights Reserved.

 
In This Issue
Congratulations to Clients in the News
Franchisor 101: Relief is Just a Release Away
Franchisee 101: Interstate Protection for Out-of-State Franchisees
Barry Kurtz Honored as 2012 Superlawyer
Barry Kurtz Included in NY Times Article on Franchising
Southwestern Law School Networking Group to Meet January 26
Contributing Expert - Bryan Mashian, Esq.

Contributing Expert

 

Bryan Mashian, Esq.

   

Achieving Flexibility in Leases

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Barry Kurtz
Barry Kurtz is a prolific writer on the subject of franchise law. From due diligence to franchise appraisal, his articles are a valuable resource to any franchisee and franchisor.  He has been named a Certified Specialist in Franchise and Distribution Law by the State Bar of California Board of Legal Specialization.



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21650 Oxnard Street, Suite 500
Woodland Hills, CA 91367
818-827-9229
www.barrykurtzpc.com
bkurtz@barrykurtzpc.com