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Vol 14 (2016) - Issue 3

Avoiding common mistakes in international franchising

Carl E. Zwisler, Gray Plant Mooty, Washington, D.C., USA and Beata Krakus, Greensfelder, Hemker & Gale, Chicago, USA

This article is the first in a series of articles that identify the major stumbling blocks that occur in international franchising. In each article, the authors recommend strategies for overcoming or mitigating the problems. In the first article in the series, the authors discuss the essential issue of planning for international expansion.

Does Brexit mean Frexit? How the decision to leave the EU impacts upon UK franchisors

Mark Abell and Shelley Nadler, Bird & Bird, London, UK

It is news to nobody that on 23 June 2016, the UK voted 51.9% to 48.1% in favour of leaving the EU, but franchise lawyers and their clients in the UK have yet to understand what it means for them. This article explains the processes that will follow, and summarises the legal and commercial implications of a UK exit from the EU (or "Brexit") for UK Franchisors and the challenges their UK lawyers will enjoy, in particular in relation to competition law, intellectual property law, employment and immigration law, data protection and cyber security law and cross-border dispute resolution.

Franchising’s last frontier: Cuba, Iran, Myanmar and other sanctioned countries

Junaid Daudpota, Daudpota International, Dubai, UAE, Alan R. Greenfield, Greenberg Traurig, LLP, Chicago, USA and Tao Xu, DLA Piper LLP (US), Reston, USA

As diplomatic relations between the United States (“US”) and various countries continues to evolve, and in many circumstances, advance, so does the appeal of business opportunities in such countries. Franchising is no exception. Over the past few years, Iran, Cuba and Myanmar have become countries in which prospective businesses have focused their international expansion efforts, but, have remain relatively subdued as a result of existing (or slowly fading) sanctions regimes imposed by the US and European Union (“EU”). This article analyses the sanction regimes against Iran, Cuba and Myanmar, and describes the respective franchise markets, as well as the current state of franchise regulation in those countries.

Legal barriers and other challenges to franchising in Cuba

K.M. Paparelli, Foundation Commercial Title LLC, Nashville, USA

International franchisors considering expansion into Cuba can expect to encounter many of the same issues frequently found in any international franchising operation. There will also be legal and commercial challenges unique to Cuba, not least embargo restrictions facing US businesses. This article analyses the Cuban legal framework in relation to foreign investment, franchising, intellectual property and dispute resolution as well as problems involving choice of business entities, labour, financial markets and infrastructure.