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August 2011 Archives

Jersey Shore's "Situation" faces business litigation

Business transactions should never be entered into lightly whether they occur in Atlanta or elsewhere in the state. There are many steps and procedures to take to make sure any agreements that are made will be beneficial for the business. It is also important to make sure that the other party holds up to their end of the bargain.

Georgia company claims breach of contract by founder, former CEO

Business litigation in Georgia sometimes arises following the departure of an executive from one company and going to work for the competition. The immediate concern of the former employer is whether or not the executive was in breach of contract by allegedly taking confidential information or trade secrets to share with the new employer. Virtually all large businesses require employees to sign an employment contract requiring, in part, that the employee promise to maintain complete confidentiality and protect any and all trade secrets of the employer.

Franchisors - Consider who your first franchisees should be

A franchisor's first few franchisees can be their greatest marketing tool or biggest hindrance in franchising. They will be the people that prospects will be contacting to get a better understanding of several aspects of the franchise system - many of which the franchisor cannot directly talk about.  With that in mind, it is key that start-ups as well as small and mid-sized growing franchisors consider who their franchisees should be.  Here lies the tension between the owner/operator vs. the passive owner/investor.  Historically, many concepts such as fast food restaurants, car repair concepts, etc., believed that it was vital for the majority owner of the franchisee to have complete skin in the game and have the franchise serve as his/her livelihood.  The franchisee was expected to run the business and live in geographic proximity to the units.  In fact, several concepts would not permit a franchisee to gain a second unit until they could prove that they could effectively operate the first. 

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

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