Andrae Marrocco, Co-Chair of the Franchise & Distribution Law Group at McMillan LLP, has been recognized in the 2019 Canadian Legal Lexpert Directory in the area of Franchise Law.Continue reading
Andrae Marrocco was the roundtable facilitator for the session: “Key Negotiation Topics in Development Deals Involving Sophisticated Private Equity Franchisees” at the 52nd Annual International Franchise Association Legal Symposium in Washington DC – May 5-7, 2019.Continue reading
Andrae Marrocco facilitated the Roundtable Discussion on the topic of “Quintessential Considerations for Implementing System-Wide Changes.”
The purpose of due diligence is to evaluate the nature and value of what is being acquired as well as to identify potential issues, risks, and liabilities. Put another way, a buyer’s objectives include ensuring that it receives the expected value in exchange for what it paid, evaluating any obstacles that may stand in the way of carrying out its strategic objectives for the business, and avoiding, ameliorating, or allocating as best as possible the risks associated with the acquisition.Continue reading
Andrae Marrocco facilitated the Business Solutions Roundtable on the topic of Mergers & Acquisitions in Franchising. McMillan’s LinkedIn Post on the IFA 2019 Annual Convention.
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Some will remember 2018 as a year of rising interest rates, protectionist fears, and increasing political and economic uncertainty. However, recent reports – including reports from Duff & Phelps and PricewaterhouseCoopers – indicate that 2018 was another strong year for mergers and acquisitions activity in Canada facilitated by abundant capital, a growing economy, and low unemployment.
Maintaining robust data protection and privacy protocols is critical to the development and reputation of international franchise systems. Data breaches disrupt business operations, devastate the goodwill and reputation of a franchise brand, and often result in an inordinate degree of legal liability. In a landscape of ever-increasing privacy law regulation and scrutiny, it is imperative that franchisors develop and implement adequate policies and programs to ensure that their franchise systems safeguard personal information in compliance with applicable legal and regulatory requirements.Continue reading
3.4 billion people are active users of social media. The average daily time spent on social media is 116 minutes. The number of social media users has grown by over 300 million in the past 18 months, with a new social media user being added every 10 seconds. Franchise systems are increasingly taking advantage of social media to promote their products and services, to engage with customers and build customer loyalty, and to remain competitive.
A limited partnership is typically used for private equity funds in Canada. This allows ‘flow-through’ treatment for investors (ie, income tax is not paid at the partnership level). Limited partnerships are formed provincially and, to be created, a declaration must be filed in the applicable province. However, they do not have a separate legal personality. A Canadian limited partnership is, similar to most other jurisdictions, a partnership with passive investors (limited partners) and a general partner who is charged with the management and operation of the business for the partnership and has unlimited liability for all of the obligations of the limited partnership. Limited partner investors do not take part in the management of the fund and are only liable to the extent of the amount they contribute or agree to contribute.Continue reading