Marcus & Boxerman Franchise Law Blog
We’re business law and franchise lawyers in Chicago providing customized legal services to businesses and their owners, franchisors and franchisees, and the restaurant and hospitality industry. Our knowledgeable, effective, and responsive attorneys counsel clients in connection with contracts and franchise agreements, corporate and LLC issues, leases and real estate transactions, employment issues, estate planning and business succession, and lawsuits and alternative dispute resolution.-
Recent Posts
- Michael Boxerman Selected to Franchise & Dealership Super Lawyers List
- Enhancing Corporate Transparency: Corporate Transparency Act Takes Effect January 1st
- FTC Requests Public Comment for Potential Updates to Franchise Rule
- NY Times Article Highlights Tension Between Franchisors and Franchisees
- Illinois Paid Leave Act Will Require Illinois Employers To Provide Paid Leave Beginning January 1, 2024
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Category Archives: Franchisee
Withholding or Reducing Discretionary Bonuses May Lead to Discrimination Claims
In October 2015, the Second Circuit Court of Appeals ruled that an employer’s reduction of an employee’s discretionary bonus constitutes an adverse employment action and may support an employee’s discrimination claim. Davis v. New York City Dep’t of Educ., 2015 … Continue reading
Negotiating Commercial Leases – Part 4 – Eliminating Financial Obstacles
During the last few weeks, Marcus & Boxerman published a series of blog posts about red flag provisions in commercial leases. This installment explains how to control the state of your finances by eliminating obstacles from your next commercial lease. Check … Continue reading
Posted in Franchisee, Franchisor, Leases, Real Estate
Tagged commercial leases, landlord's liens, personal guarantees, retail leases
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Negotiating Commercial Leases – Part 3 – Hidden & Unnecessary Costs
Last week, Marcus & Boxerman posted the second installment of a four-part series on clauses to watch out for in commercial leases. This installment discusses making sure you get what you pay for by avoiding hidden and unnecessary costs in your … Continue reading
Posted in Franchisee, Franchisor, Leases, Real Estate
Tagged commercial leases, common area maintenance, phantom space, retail leases
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Negotiating Commercial Leases – Part 2 – Exclusivity, Permitted Use & Continuous Operation Requirements
Earlier this month, Marcus & Boxerman published the first of a four-part series discussing red flags in commercial leases. This installment discusses the importance of keeping overly restrictive permitted use and continuous operation provisions out of your lease while insisting that an … Continue reading
Negotiating Commercial Leases – Part 1 – Preventing Sublease & Assignment Restrictions, Relocation & Demolition
During the month of October, Marcus & Boxerman will publish a four-part series discussing red flag provisions that you should look out for in commercial leases. Part One focuses on clauses that restrict your options or undercut the stability of … Continue reading
NLRB’s Controversial Decision Will Impact Classic Franchise Relationship
In a recent ruling, the National Labor Relations Board (the “Board”) replaced a decades-old standard for determining whether a joint employer relationship exists between two or more employers that retain some degree of control over the same set of employees. … Continue reading
Posted in Employment, Franchisee, Franchisor, Franchisor & Distributor Services, Joint Employer
Tagged Best Practices, employee rights, Employees, Employers, Employment Policies, Franchise Relationship, Franchisee, Franchisor, joint employers, Labor, National Labor Relations Act, National Labor Relations Board, NLRB
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NLRB Provides “Fresh” Guidance on Joint Employment
On April 28, 2015 the National Labor Relations Board (“NLRB”) issued an advisory opinion to the NLRB Chicago Region regarding joint employment. The NLRB concluded that neither Freshii Development, L.L.C. (“Freshii”), a fast-casual restaurant franchisor with over 100 franchised locations, … Continue reading
Franchisors and Franchisees Possible Joint Employers
On December 19, 2014, the National Labor Relations Board (including a regional office in Chicago) filed 13 complaints against McDonald’s for alleged violations of federal labor laws by its franchisees. The complaints allege that the franchisees and the company punished … Continue reading
Posted in Employment, Franchisee, Franchisor & Distributor Services
Tagged joint employers
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