Filed Under: Dealership & Franchise Law
What Wisconsin Wholesalers Need to Know about the Treasury Department’s Competition Report
Last summer, President Joe Biden issued Executive Order 14036 targeting “any unlawful trade practices in the beer, wine, and spirits markets, such as certain exclusionary, discriminatory, or anticompetitive distribution practices,” as well as “patterns of consolidation in production, distribution, or retail beer, wine, and spirits market.” The Executive Order required that the United States Department […]
Filed Under: Dealership & Franchise Law
Wisconsin Legislature Considers Bill to Regulate Third-Party Food Delivery Services
The use of third-party food delivery services has skyrocketed during the COVID-19 pandemic. Companies such as Grubhub, Uber Eats, and DoorDash provide customers with greater access to their favorite restaurants without having to leave the comfort of their own homes. But the use of such delivery services has also caused troubles for customers and restaurants […]
Filed Under: Appellate Law Dealership & Franchise Law
Wisconsin Supreme Court Decision Raises Fair Dealership Law Questions Beyond Municipal Liability
The primary issue in Benson v. City of Madison, 2017 WI 65, is clearly the question of whether the Wisconsin Fair Dealership Law (“WFDL”) reaches contractual relationships involving municipalities. As discussed here, this is an issue of first impression, and the Court’s holding has broad implications. There are, however, additional aspects of the decision worth […]
Filed Under: Dealership & Franchise Law
Does Size Matter Under Price Discrimination Laws? Seventh Circuit Says “Not Always”
Late last week, the Seventh Circuit Court of Appeals rejected Woodman’s Food Markets’ claim that Clorox Company violated federal price discrimination laws when it ceased selling “large packs” of certain products to Woodman’s, while continuing to sell such large packs to discount warehouses such as Costco and Sam’s Club. A three-judge panel of the Seventh […]
Filed Under: Dealership & Franchise Law
Putting “Secrets” in the FDD: A Franchisor Nondisclosure Trap
The Federal Trade Commission mandates disclosure of “any material action involving the franchise relationship during the last fiscal year” under Item 3 of the Franchise Disclosure Document (“FDD”), which must be provided to all prospective franchisees. But as a recent opinion of the U.S. Court of Appeals for the Seventh Circuit illustrates, this seemingly innocuous […]
Filed Under: Dealership & Franchise Law
New Law Limits Franchisors’ Joint Employer Liability Exposure In Wisconsin
In an environment where franchisors are increasingly concerned about being deemed “joint employers” with their franchisees, the Wisconsin Legislature has provided some welcome relief. It has enacted legislation that provides franchisors with assurances that they will not be treated as an “employer” of the employees of a franchisee for purposes of Wisconsin laws pertaining to […]
Filed Under: Dealership & Franchise Law
“Frankenstein” Veto Language Interpreted by Federal District Court
A recent post on this blog noted that wine distributors were not covered by an expansion of the definition of “dealer” under 1999 amendments to the Wisconsin Fair Dealership Law (“WFDL”) due to “a creative partial veto from then-Gov. Thompson.” That creative partial veto was front and center in a decision and order issued last […]
Filed Under: Dealership & Franchise Law
Wine and Spirits Distributors Said To Be Seeking Legislative Protections
The Wheeler Report reported on Thursday that five trade associations have raised concerns to statelegislators about rumored proposed amendments to Wisconsin’s Fair Dealership Law that would make it easier for wine and spirits distributors to transfer brand distribution agreements to third parties. One letter to legislators dated May 14, 2015 was jointly authored by the […]
Filed Under: Dealership & Franchise Law
When Does The Statute of Limitations Begin to Run on WFDL Claims?
Although the Wisconsin Fair Dealership Law (“WFDL”) provides significant protections for franchisees and dealers against termination and non-renewal, the statute of limitations for filing WFDL claims is one year. That short limitations period can be a minefield for parties seeking relief under the WFDL. For 30 years, the Wisconsin Supreme Court’s ruling in Les Moise, […]
Filed Under: Dealership & Franchise Law
Crowdfunding Comes To The Franchise World
Brian Butler and Paul Kent, attorneys with Stafford Rosenbaum LLP, have been included in Chambers USA 2012: America's Leading Lawyers for Business. The law firm itself was selected separately as one of nine Wisconsin law firms named in the category of Litigation: General Commercial.
Filed Under: Dealership & Franchise Law
Fore! Governmental Entities May Need To Consider Applicability Of WFDL
Stafford Rosenbaum is proud to announce that twenty-one of its attorneys have been named as 2014 Best Lawyers in America. This year’s awards cover attorneys in 134 practice areas, all 50 states and the District of Columbia, and inclusion in this year’s publication is based on more than 4.9 million detailed evaluations of lawyers by other lawyers.
Filed Under: Dealership & Franchise Law
The Good, the Bad, the Uncertain: Developments In Franchisor Liability
The legal debate over imposing vicarious liability of franchisors – or making franchisorsliable for the acts of their franchisees and franchisees’ employees – has flared up this year, thanks in large part to a recent court decision and policy directives emanating from the Office of the General Counsel of the National Labor Relations Board. The […]
Filed Under: Dealership & Franchise Law
Preemption principles applied to dismiss Wisconsin Fair Dealership Law claim
In a recent decision of the U.S. District Court for the Eastern District of Wisconsin, the court held that an arbitration panel’s finding that federal securities laws preempt the application of the Wisconsin Fair Dealership Law (WFDL) could be made by the panel “without [panel members] taking leave of their senses.” The rulingprovidesan example ofanother […]
Filed Under: Dealership & Franchise Law
Going-Out-Of-Business Sale: Is The Label Accurate?
The Best Lawyers in America© recognized 22 attorneys from Stafford Rosenbaum LLP in its 2015 edition. Regarded as a top reference guide to the legal profession, The Best Lawyers in America© has been published biennially since 1983.
Filed Under: Dealership & Franchise Law
A Textbook Example of the Grey Market
Out of the scores of disputes that arise with respect to “grey market” distribution channels, what are the odds that a case involving a Thai student doing business as “bluechristine99” on eBay would reach the U.S. Supreme Court? “Grey market” refers to the sale of genuine branded products outside of established distribution channels established by […]
Filed Under: Dealership & Franchise Law
Eroding Exclusivity: The Saga of JCP, Macy’s and Martha Stewart
Stafford Rosenbaum is pleased to announced that Elisabeth Shea, an attorney in the law firm’s Madison office, has been elected to serve as president-elect of the Dane County Bar Association. Ms. Shea will be the sixth attorney from Stafford Rosenbaum to serve as DCBA President.
Filed Under: Dealership & Franchise Law
Additional Insured Endorsements: Beware!
As a result of the U.S. Supreme Court denying petitions to review same-sex marriage decisions from Federal Circuit Courts around the country, same-sex couples in Wisconsin may now legally marry in our state and take advantage of entering a prenuptial agreement.
Filed Under: Dealership & Franchise Law
Out-of-state franchisor’s royalties and the Wisconsin income tax
Assume you have never set foot in a particular state. Let’s say that state is Iowa. But you do business with a party in Iowa – a party that has contracted for the right to franchise your business concept in Des Moines, Iowa. The Iowa party sends you weekly royalties based on its sales from […]
Filed Under: Dealership & Franchise Law
Wisconsin Permits Electronic Filing of Franchise Registration Forms
Rarely are the terms “law” and “early adopter of technology” found in the same sentence. This certainly is true as to some aspects of franchise regulation. Whereas most businesses regularly send and receive documents electronically, most state franchise registration forms still are filed the old-fashioned way – by mail or other physical delivery. As of […]
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