Moderator: Peter Snell, Partner, Cassels Brock & Blackwell LLP Speakers: Deb Coldwell, Partner, Haynes & Boone, LLP; Scott Kuykendall, Assistant General Counsel, Neighborly; Jim Susag, Attorney and Shareholder, Larkin Hoffman Law Firm
Paper Presentation
Noncompetition provisions are a standard component of domestic and international franchise agreements. Franchisors and franchisees rely on them to protect the integrity of their franchise systems. The enforceability of these provisions is often challenged via common law, regulation, and legislation. This session will explore current issues and updates in franchise noncompete enforcement, including: (a) the impact of recent federal, state, and foreign legislation; and (b) recent trends in national and international case law. The session will also examine the traditional common law views and practices of noncompete provisions; how domestic and international franchise legislation and other relevant statutes have addressed certain noncompete issues; and the current status of the FTC’s rule on noncompete provisions and if and how it may impact franchising.