New York Franchise Law Blog

"A resource for entrepreneurs considering buying a franchise, starting a franchise, terminating a franchise relationship and avoiding unnecessary legal pitfalls encountered by business owners and business purchasers."

Author: Charles N. Internicola practices at Decker, Decker, Dito & Internicola in Staten Island, N.Y. He is the author of An Entrepreneur's Guide to Purchasing a Business.

Blawg Related Categories: Corporate Law • States • New York • Solo / Small Firm • Business Law

Recent Posts from New York Franchise Law Blog

Starting a Franchise: How should You Approach the Development of Your Disclosure Documents
For the successful business owner considering the franchised expansion of his or her business one critical question that must be answered is "how do you approach the preparation and development of your franchise agreement." That is, do you "approach"…
Can you Find Success in "Re-Opening" a Previously Failed Franchise Location?
Recently on satellite radio I listened to a radio advertisement, allegedly, by a national franchisor promoting the resale of what I believe to be previously closed franchise locations. The franchisor is allegedly Quiznos and this…
License Agreements, Franchise Agreements and Unintended Consequences in the State of New Jersey
Can you expand your business in the State of New Jersey through a "license agreement" without triggering New Jersey's franchise relationship laws? (This is not a simple question and, unfortunately, the answer involves an evaluation…
You Can't Blame Franchisors for Everything: You Do Have Options before Signing a Franchise Agreement
Recently I received some interesting and insightful comments from an individual commenting on issues involving franchisee rights. Her main point of contention appears to be the disparity of bargaining power and legal rights between franchisors…
Myth: It is Illegal for a Franchisor to Negotiate and Modify the Terms of its Franchise Agreement?
In certain "franchise sales settings" franchisees are sometimes led to believe that modifications cannot be legally made to their franchise agreement. That is, to induce a franchisee to sign the franchise agreement - without the…
"Low Start-Up Costs High Returns"?
Recently, in my article "Avoid the Hype when Buying a Franchise: Focus on Specifics and Not Overall Industry Trends" I discussed what I believe to be the improper and harmful methods for promoting franchise sales, i.e.,…
Avoid the Hype when Buying a Franchise: Focus on Specifics and Not Overall Industry Trends
Driving into the office this morning I listened to a radio commercial that I found to be repulsive . The commercial was not political, did not contain any profane language and, quite possibly, did not…
When Buying a Franchise Your "Investment" Involves Much More than Franchise Fees and Start-Up Expenses
If you are considering the purchase of a franchise it is critical to recognize that your "investment" goes beyond - well beyond - initial franchise fees and startup expenses. While franchise fees and start-up expenses…
New Jersey Franchise Practices Act: Franchisee Protection extended to "Constructive" Termination
In the recent decision of Maintainco, Inc. v. Mitsubishi Caterpillar Forklift America, Inc., the Appellate Division for the Superior Court of the State of New Jersey affirmed the application of the New Jersey Franchise Practices…
New York's Expansive Definition of a "Franchise": Trademarks Not Required
The definition of a franchise and the factors utilized to evaluate the existence of a franchise have important implications. That is, does the business arrangement providing for the multi-unit expansion of your business qualify as…