Craig Derene’s Post

It looks like early bird registration is closing on Friday for the 47th annual ABA Forum on Franchising. I hope to see my colleagues in franchise law there! This will be my second year at the Forum, and I am heading in early for the privacy intensive course “Privacy, Please: Practical Tips for Navigating the Complexities of Domestic and International Data Privacy Laws.” I can’t wait to learn more about the complexities of privacy and franchising. Hope to see you in Phoenix! https://bit.ly/4dxwtXI

Intensive 2: Privacy, Please: Practical Tips for Navigating the Complexities of Domestic and International Data Privacy Laws Domestic and international data privacy laws can be a legal landmine for franchisors and franchisees alike without knowledge of such laws and adequate preparation. This intensive is focused on helping franchisors and franchisees understand their duties and obligations related to the collection of personal data in franchise systems, and the consequences of violating such data privacy laws. Speakers Beata Krakus Krakus (UB Greensfelder), Anthony Marks (Bryan Cave Leighton Paisner LLP), John Pratt H. Pratt (Hamilton Pratt), Jacqueline Romano (Purpose Brands LLC), and David Zetoony (Greenberg Traurig, LLC). will cover collection, storage and usage of data; development of programs and privacy policies as required and to mitigate risk; management of data flow between various sources; allocation of data privacy responsibilities between franchisor and franchisee; contractual provisions franchisors and franchisees should implement related to data; and the management of data subject access requests. EARLY BIRD EXPIRES SOON! Register by Friday August 16th, you can save up to $250 with the early bird discount. See you in Phoenix!! Click here to learn more and register! https://lnkd.in/gcwdqXQA

ActiveCampaign Spam Act and GDPR Compliance: What Franchisees Need to Know Franchisees are a vital part of any franchise system, but they also come with responsibilities and compliance requirements. One area that franc...

David Zetoony, #GTDenver Shareholder and Co-Chair of GT’s US Data Privacy & Cybersecurity Practice, will participate in the American Bar Association’s (ABA) 47th Annual Forum on Franchising. David is a panelist on the "Privacy, Please: Practical Tips for Navigating Data Privacy Laws" session Oct. 16, from 11:00 to 4:30 p.m. PT. This program will help franchisors and franchisees to understand the legal landscape and their obligations to protect the personal data collected in franchise systems. Learn more here: https://buff.ly/47WFOqn. #GTNews #Franchising #DataPrivacy #DataPrivacyLaws

BREAKING NEWS ------ The Federal Court of Australia has issued a landmark decision, imposing a record-breaking fine of $1.5 million on Ultra Tune Australia Pty Ltd for contempt of court. This ruling serves as a crucial reminder of the legal obligations placed on franchisors and the serious consequences of non-compliance.   In 2019, Ultra Tune was found guilty of breaching numerous provisions of the Australian Consumer Law and the Franchising Code of Conduct. Despite court orders mandating compliance and the implementation of a compliance program, Ultra Tune continued to falter, failing to meet deadlines for updating disclosure documents and marketing fund statements.   This case underscores the importance for franchisors to adhere strictly to regulatory requirements and court orders. Failure to do so not only jeopardizes the rights and interests of franchisees but also exposes franchisors to substantial financial penalties.   Key takeaways for franchisors and franchisees: 1️⃣ Prioritize compliance: Develop robust systems and processes to ensure timely and accurate fulfillment of disclosure obligations and other regulatory requirements. 2️⃣ Implement effective compliance programs: Proactively monitor and assess compliance efforts to prevent future breaches and mitigate risks. 3️⃣ Transparent communication: Maintain open channels of communication with franchisees, providing them with timely and pertinent information essential for informed decision-making. 4️⃣ Learn from past mistakes: Understand the implications of previous violations and take proactive measures to rectify deficiencies and prevent recurrence.   As highlighted by ACCC Commissioner Liza Carver, adherence to court orders is paramount, and franchisors must demonstrate a genuine commitment to compliance. Let this case serve as a cautionary tale, urging all stakeholders in the franchising industry to uphold the highest standards of integrity and accountability.   #Franchising #Compliance #LegalCompliance #BusinessEthics #ACCC #FederalCourt #UltraTune #RecordFine https://lnkd.in/gXUeSsX4

Detecting potential fraud within a franchisee's operations demands swift and strategic action from the franchisor. 🚀 Our newest article delves into the crucial steps franchisors must take when faced with this challenging scenario. #FranchiseManagement #Franchiselawyer #Franchiseefraud #MagnoliaLegal https://lnkd.in/gSDm4S4p

Latest update from the Ultra Tune saga is that it effectively got slapped with a whopping $1.5 million fine for not playing by the rules. What happened? Overall and very briefly, this involved missing deadlines for disclosure documents and not keeping franchisees informed and in the loop about where their marketing funds were going. Lesson to Franchisors: compliance is key. You have got to get your ducks in a row when it comes to knowing what you need to be doing and then having the systems in place to ensure you are sharing information and being transparent as required under the Franchising Code, and by the required timeframes! It should be kept in mind that this is not just about avoiding fines, it is about building trust and keeping your brand clean and valued. So, key takeaway? Don't skimp on compliance. Invest in solid systems to stay on top of your legal obligations. By doing right by your franchisees and playing by the rules, you're not just avoiding trouble – you're setting yourself up for success in the long run. #FranchiseLife #ComplianceMatters #LearnFromMistakes #TransparencyIsKey

🚨F R A N C H I S I N G C O D E C H A N G E 🚨 The long awaited #ExposureDraft for the new Franchising Code of Conduct has been released overnight. Key proposed changes to the Code include: ❌ Removal of the Key Facts Sheet 💰 Inclusion of ‘Specific Purpose Funds’ which will extend the scope of marketing or advertising monies collected in a System ⛓️💥Exceptions to Cooling Off provisions for existing franchisees 📑 Increased disclosure obligations for proposed significant capital expenditure 🗣️ ASBFEO being permitted to ‘Name and Shame’ #Franchisors who refuse to engage in, or withdraw from, ADR Processes ♻️ Franchise Agreements needing to provide a reasonable opportunity for return on investment 💔 Franchise Agreements needing to provide for compensation in circumstances of early termination 📆 Changes to ‘Immediate’ Termination rights 👮♀️ Introduction of new and increased penalty provisions H A V E Y O U R S A Y: The Australian Government is seeking views on the Exposure Draft of the Code. Responses can be submitted up until 29 October 2024. View the Exposure Draft along with the Explanatory Statement below 👇🏽 HWL Ebsworth Lawyers’ National and specialist Franchising Team will shortly be hosting seminars across Australia about the proposed Code changes - so keep an eye out for further details! Finally, feel free to reach out if you have any questions about the proposed changes and whether they change your October #Disclosure Obligations 💌

🔍🚫 Concerned about franchisee fraud? You're not alone. In 2023 alone, I navigated through 4 cases dealing with this complex issue. Identifying and addressing potential fraudulent activities among franchisees requires careful and strategic handling. In my latest article, I delve into this critical topic, offering insights and actionable steps for franchisors facing similar challenges.

The U.S. Federal Trade Commission recently listed some of the biggest concerns franchisees expressed during public comments last year: https://bit.ly/4d6B430 At Einbinder & Dunn, we specialize in helping franchisees navigate these challenges. By working with our expert legal advisors, you can ensure that your franchise agreements are fair, transparent, and compliant with regulations, minimizing the risk of these complaints. Contact us today to safeguard your business and focus on growth: www.ed-lawfirm.com #FranchiseLaw #LegalAdvice #FTCConcerns