Showing articles for Joseph J Fittante
Showing Results 1 - 16 of 16

  • NASAA Adopts New Rules on Financial Performance Representations

    05/17/2017 / Chuck Modell, Joe Fittante and Sawan Patel

    On May 8, 2017, the North American Securities Administrators Association, Inc. (“NASAA”) formally issued new guidance, the NASAA FPR Commentary (the “Commentary”), to clarify what constitutes a reasonable basis in making a financial performance representation (“FPR”)—with specific guidance for a variety of common FPRs that are made in Item 19 of Franchise Disclosure Documents (“FDDs”). The Commentary provides welcome guidance to franchisors that have been reluctant to include FPRs in their FDDs, or whose efforts to include FPRs have been rebuffed by state franchise examiners, but it will ultimately require all franchisors that currently include an FPR in their FDD to revise their FPR.

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  • Modell and Fittante Pen Business Builder Article in Upsize Magazine

    09/25/2010 / Chuck Modell and Joe Fittante

    Charles Modell and Joseph Fittante, Jr. co-authored "How to know if your business is a franchise" in the August/September issue of Upsize Magazine.

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  • Defaults and Terminations - An Unfortunate Reality of a Challenging Economy

    05/12/2009

    A practical approach to the mechanics of the default and termination process is outlined in this article, which appears in the Spring 2009 issue of Franchise Law Journal.

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  • Take Advantage of These Franchise Registration Tips

    05/01/2006 / Joseph Fittante

    In the competitive climate of franchise sales, a premium is placed upon adeptly navigating the registration maze.

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  • Independent Insurance Agent was Franchisee, Says Connecticut Jury

    05/01/2005 / Joseph Fittante and Mary Stanley

    Originally published in The Franchise Lawyer, Volume 8 Number 3, May 2005. © The American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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  • The Untapped Sales Potential of Existing Franchisees

    04/01/2004 / Joseph Fittante

    Originally published in Franchise Update, April 2001.

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  • Stop Losing Your Franchise Outlets: Control the Real Estate

    04/01/2004 / Joseph Fittante

    You just received a notice from your franchisee explaining that he is three months in arrears to the landlord for rental payments under his lease for the franchised location, the landlord is threatening to evict him, and the franchisee is ready to throw in the towel. You quickly realize that all of the goodwill of your brand at the franchised location is about to be lost, and worse yet, there is nothing you can do about it. You vow to never allow yourself to be put in this type of situation again. The key is to get control of the real estate.

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  • Avoiding the Accidental Franchise

    05/01/2003 / Charles Modell and Joseph Fittante

    Do you have clients operating dealership programs? Do you have a business that offers licenses? Whenever drafting licensing and dealer arrangements, cautious practitioners should consider whether the Wisconsin Franchise Investment or Fair Dealership laws apply. Both laws (and similar laws in other states) offer a potential trap for the unwary - the creation of an accidental franchise, with resulting severe penalties and restrictions.

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  • Community of Interest: Clarity or Confusion?

    03/01/2003 / Joseph Fittante

    Most franchise practitioners are familiar with the statutory requirements of a marketing plan and substantial association with a trademark, and are generally comfortable with their meanings. But "community of interest," which a number of statutes substitute for the marketing plan requirement, does not have a common everyday meaning, and has received confusing, sometimes contradictory, interpretations from the courts.

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  • Limiting The Franchisor's Liability For Pre-Sale Disclosure Violations

    10/01/2001 / Joseph Fittante

    Originally published in Franchise Lawyer, Fall 2001 at 7. For more information or a copy of the article, please contact info@lhdl.com.

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  • Advertising Tips for Franchisors: Knowing the Laws and Regulations

    06/01/2001 / Charles Modell and Joseph Fittante

    Many franchise companies have recently increased their advertising efforts to attract new franchisees. Prior to mounting an advertising campaign it is important that a franchisor be aware of the basic laws related to advertising for prospective franchisees.

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  • Sales Programs that Involve Franchisees

    04/15/2001 / Joseph Fittante

    Originally published in Franchise Update, April/May 2001 at 47. For information or a copy of the article, please contact info@lhdl.com.

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  • The Untapped Sales Potential of Existing Franchisees

    04/01/2001 / Joseph Fittante

    Originally published in Franchise Update, April 2001.

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  • Franchising Your Business: Changes in Latitude, Changes in Attitude

    05/01/2000 / Joseph Fittante

    You may initially scoff at franchising your business, thinking only retail sales businesses like McDonalds are successful at franchising. For many service businesses that have entered the franchise arena, this is untrue. In fact, many service businesses have used franchising to spur growth, increase the public’s awareness of the services the business offers, and expand nationally as well as internationally.

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  • Franchising Your Business: Understanding an Often Overlooked Growth Strategy

    05/01/2000 / Joseph Fittante

    Originally published in Minnesota Business, May 2000.

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  • Franchisor Involvement in Real Estate

    04/04/1999 / Charles Modell and Joseph Fittante

    Originally published in Franchise Law Journal,Vol. 18, No. 4, Spring, 1999.

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Showing Results 1 - 16 of 16