Franchise Law Update
This article provides an overview of recent case law and legislative efforts that have had, or will have, an impact on franchises and dealers in Texas and the Fifth Circuit. This update does not detail all franchise and distribution cases during the Survey period; but instead, provides an overview of the more significant developments and opinions. During the Survey period, franchisors adjusted to the amended Federal Trade Commission (FTC) Franchise Rule and replaced the Uniform Franchise Offering Circular with the Franchise Disclosure Document. There were also interesting developments in case law, including creative use of the Lanham Act to stop a supplier from holding itself out as an exclusive supplier for a franchise system and enforcement of a Texas choice of law clause despite anti-waiver provisions contained in out-of-state franchise protection acts.
To read the full article, click on the PDF linked below.
SMU Law Review, Vol. 62, No. 3, Summer 2009. Reprinted with Permission.