Franchise & Distribution Law

Andrae Marrocco Presents on Franchise M&A at the 16th Annual OBA Franchise Law Conference

2016franchiseconference_1300x731_v21Andrae Marrocco presented on the topic “The Purchase and Sale of Franchises and Franchise Systems” at the Ontario Bar Association 16th Annual Franchise Law Conference “Beyond the Basics: In-Depth and Cross-Disciplinary Topics in Franchise Law” in Toronto – November 17, 2016. Continue reading

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Franchise Mergers and Acquisitions
Franchise & Distribution Law

Negotiating Critical Representations and Warranties in Franchise Mergers and Acquisitions – Part I

Since the height of the financial crisis in 2008, the merger and acquisition deal flow has been patchy and fragmented. M&A activity has recently increased notably with 2015 marking the United States’ most profitable merger market since the financial crisis. According to global professional services firms such as PricewaterhouseCoopers and Deloitte, the momentum in the M&A market is expected to continue in 2016. Franchise businesses have increasingly been a focus. Continue reading

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international franchise agreements
Franchise & Distribution Law

Five Commonly Overlooked Provisions in International Franchise Agreements

Franchising has become one of the most popular business expansion options, one that is particularly effective when developing into international markets. Franchises that grow with a well-structured system, a thoroughly thought out plan, and exceptional legal documents have the best chance of success. Systems that look to expand without these key elements can end in disaster. There are several matters that a modern franchise agreement should address when growing internationally however they are frequently overlooked. Don’t be caught out by these five pitfalls. Continue reading

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franchisee-franchisor relationship
Franchise & Distribution Law

How Do I Know If a Franchisor Has a Good Relationship with Its Franchisees?

Franchise systems come in all shapes and sizes, and each has its unique elements. However, there are common aspects that underpin well-run franchise systems. A healthy franchisee-franchisor relationship is a good indicator of a healthy franchise system. Here are several elements that reflect a strong franchisee-franchisor relationship. Continue reading

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Franchise & Distribution Law

Andrae Marrocco Presents on Franchise M&A at the 2016 CFA Law Day

CFA Law Day 2016Andrae Marrocco presented on the topic “Due Diligence in Franchise System Acquisitions” at the 2016 Canadian Franchise Association Law Day “Bridging Business and the Law” in Toronto – January 28, 2016 – proudly sponsored by Dickinson Wright. Download the Presentation Slides and PaperContinue reading

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Franchise & Distribution Law

Franchise Disclosure: The Nuts and Bolts

Canada Franchising word cloudDo your disclosure policies and practices comply with Canadian franchise laws? This webinar provides a concise and practical summary of the key areas of the disclosure process which, if not handled properly, can lead to devastating and unexpected consequences. Webinar registration page. Download the Presentation Slides.

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Franchise & Distribution Law, Not-For-Profit Law

Andrae Marrocco Presents at The Institute of Law Clerks of Ontario – Advanced Corporate Law Program

ilco_symbol_text_colourAndrae Marrocco presented on the topic “Common Challenges in Franchise and Not-For-Profit Practice” at The Institute of Law Clerks of Ontario “Advanced Corporate Program” in Toronto – November 5, 2015. Download the Presentation Slides.

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Franchise & Distribution Law

Adopting a Strategic Intellectual Property Program

Intellectual PropertyIt is well established that the intellectual property (“IP”) of a franchise brand is one of its most valuable assets. Trademark registration is typically one of the first steps franchisors take to protect their brand in a given jurisdiction. While the soundness of such approach is unequivocal, increasingly, the elements that distinguish the quality and appeal of a franchise brand extend beyond trademarks and comprise a broader and more complex network of IP. Continue reading

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Franchise & Distribution Law

Watch the Extra Step… When Crossing the Resale Exemption Path

Crossing the PathSection 5(7)(a)(iv) of the Arthur Wishart Act (Franchise Disclosure) 2000 (“AWA”) states that disclosure obligations do not apply to a franchisor in circumstances where there is a grant of a franchise by an existing franchisee to another person if the grant of the franchise is not effected by or through the franchisor (the “Resale Exemption”). Continue reading

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