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Searching Content indexed under Franchising by Day Pitney LLP ordered by Published Date Descending.
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Why Should I Incorporate In Delaware?
Your offices will be in New York City, your employees will be in New York and New Jersey, and your first target customers will be up and down the East Coast—why would you want to incorporate your startup in Delaware?
United States
8 Jan 2019
2
Constructive Termination Claims Under the New Jersey Franchise Practices Act Generally Require That the Franchisee No Longer Operate the Franchise
The New Jersey Franchise Practices Act ("NJFPA" or "Act"), a remedial statute regulating franchise relationships, generally prohibits franchisors from terminating a franchise "directly or indirectly" without advance written notice and "good cause" for termination.
United States
4 Apr 2014
3
Fourth Circuit Enforces Arbitration Clause Over Franchisee Challenge
In a recent case involving three different challenges to an arbitration clause in a franchise agreement, the U.S. Court of Appeals for the Fourth Circuit held that the arbitration clause was enforceable despite the agreement's inclusion of (1) a class-action waiver, (2) a fee-splitting clause, and (3) a one-year limitations provision.
United States
30 May 2013
4
New Hampshire Supreme Court Holds Settlement Unenforceable Under Anti-Waiver Provisions Of State Motor Vehicle Franchise Law
State motor vehicle franchise laws often proscribe agreements that purport to waive the statutory protections afforded to dealers. Thus, when a new franchise relationship is formed, a manufacturer cannot pressure the new dealer into forgoing legislative safeguards against termination or encroachment, among other things.
United States
29 May 2013
5
No Cure Opportunity Required Where Auto Dealer's Breach Is Incurable
Many state motor vehicle dealer statutes require that franchisors provide dealers with an opportunity to cure contractual breaches prior to implementing terminations.
United States
19 May 2013
6
Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements
Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements.
United States
19 May 2013
7
New Jersey Adopts Sweeping Amendments To Its Motor Vehicle Franchise Law
On May 4, 2011, the governor of New Jersey signed into law significant amendments to the state's Franchise Practices Act, N.J.S.A. 56:10-1, et. seq. (the "act"), which impact the relationship between motor vehicle manufacturers and their franchised dealers.
United States
7 Jun 2011
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