Prospective franchisees can always negotiate their franchise agreements, even if the franchisor seems to carry all the negotiating power. Franchise agreements aren’t negotiated in a vacuum. Power, leverage, laws, relationships, and business smarts all create the general negotiation dynamics. Here’s are some general considerations that affect the success of a franchise agreement negotiation.
Section 607.0701 of the Florida Statutes requires that all corporations conduct an annual meeting of shareholders. This annual meeting of shareholders is primarily for the election of directors who are responsible for the operation of the corporation’s business. However, any corporate business can be conducted at the meeting, such as the directors’ appointment of the corporation’s president, secretary and treasurer. Continue reading
In my capacity as General Counsel for a commercial real estate developer for over ten years, I negotiated and drafted my fair share of retail leases. I zealously represented my developer-landlord client during the lease negotiation process in an effort to make any given lease as landlord-friendly as possible without overreaching or jeopardizing the deal.
Our business clients at Cipparone & Cipparone, P.A. often ask if their current non-compete agreement with their employees is enforceable, and our response is that it depends. Florida courts have held non-compete agreements enforceable between an employer and employee; however, the courts look to several factors in determining whether the non-compete agreement is enforceable.
Paul Cipparone has been selected to the 2014 state of Florida Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Continue reading