Franchising Depositions

Price: $140.00 750 pages. 1 Looseleaf Volume. Index. Updated annually or when needed.
ISBN-13: 978-1-57823-102-7 / ISBN-10: 1-57823-102-7

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Book Overview

Franchise.01 Introduction

[1]-Scope of Text
[2]-Practice Tips
[3]-Brief Overview of Franchising
[4]-Areas Beyond the Scope of this Text
[5]-General Categories of Litigation in Franchise Disputes
[6]-Ways to Use this Text
[7]-Case Authorities

Franchise.02 General Strategy Considerations Before, During and After the Deposition

[1]-Practice Tips
[2]-Reasons for Taking a Deposition
[3]-Whether or Not to Take a Deposition
[4]-Deciding Who to Depose
[5]-When to Set Depositions in Franchising Disputes
[6]-Setting the Deposition
[7]-Background Preparation to Take the Deposition
[8]-Developing Deposition Goals
[9]-Preparing Basic Outline for a Deposition
[10]-Responding to the Deposition Notice
[11]-Preparing to Defend the Deposition
[12]-Strategy During the Deposition
[13]-Strategy Considerations for the Attorney Conducting the Deposition
[14]-Strategy for the Attorney Defending a Deposition in a Franchise Law Dispute
[15]-Strategy Following the Deposition

Franchise.03 Actions by Franchisor to Enforce Rights Under Franchise Agreement

[1]-Practice Tips
[2]-Legal Overview
[3]-Collection of Royalties
      [a]-Background

FORM 1: Action to Recover Unpaid Royalties on Unreported Sales - Examination of Manager of Defendant-Franchisee's Franchised Restaurant

[4]-Protection of Trade Secret
      [a]-Background
      [b]-Forms

FORM 2: Action by Restaurant Franchisor to Protect Trade Secret (Food Formula) - Examination of Defendant-Franchisee

FORM 3: Action Against Fire Extinguisher Inspection Franchisee for Misuse of Trade Secrets by Referring Clients to Separate Business Owned by Franchisee - Examination of Franchise Owner

FORM 4: Action Against Car Rental Franchisee for Misuse of Trade Secrets by Forwarding Reservations to Competing Business - Examination of Franchisee's Operating Officer

FORM 5: Action Against Car Rental Franchisee for Misuse of Trade Secrets by Forwarding Reservations to Competing Business - Examination of Competitor's Manager

[5]-Enforcement of Quality Control Standards

FORM 6: Action to Enforce Quality Control Standards by Requiring Franchisee to Perform Warranty Work - Examination of Franchisee

[6]-Enforcement of Restriction Against Transfer Without Franchisor Consent

FORM 7: Action Against Real Estate Brokerage for Unauthorized Sale and Fraudulent Transfer of Franchise - Examination of Franchisee

[7]-Establishing and Delimiting Claimed Excuse for Noncompliance

FORM 8: Action Against Real Estate Franchisor for Noncompliance (Failure to Pay Royalties)-Examination of Franchisee

[8]-Enforcement of System Standards As Grounds for Non-renewal of Franchise

Franchise.04 Defending Action by Franchisor to Enforce Rights Under Franchise Agreement

[1]-Practice Tips
[2]-Legal Overview
[3]-Collection of Royalties
      [a]-Background
      [b]-Forms

FORM 9: Defending Action by Franchisor Against Franchisee for Collection of Royalties Action by Restaurant Franchisor to Recover Delinquent Royalty Payments - Examination of Franchisor's Director of Real Estate

FORM 10: Defense Against Action by Franchisor to Recover Delinquent Royalty Payments Examination of Franchisor's Director of Training

FORM 11: Action by Restaurant Franchisor to Recover Delinquent Royalty Payments - Examination of Franchisor's Regional Supervisor

FORM 12: Defense of Action by Restaurant Franchisor to Recover Delinquent Royalty Payments - Examination of Franchisor's Vice President of Operations

FORM 13: Defense of Action by Restaurant Franchisor to Recover Delinquent Royalty Payments - Examination of Franchisor's Advertising Manager

[4]-The Breakaway Franchisee

FORM 14: Action by Franchisor to Recover Damages from "Break-Away" Franchisees - Examination of Franchisor's Vice President of Franchise Sales

FORM 15: Action by Franchisor to Recover Damages from "Break-Away" Franchisees - Examination of Franchisor's Regional Franchise Sales Supervisor

[c]-Quality Control Standards

FORM 16: Defense of Action by Franchisor to Enforce Quality Control Standards by Requiring Franchise to Perform Warranty Work - Examination of Franchisor's Vice President

Franchise.05 Actions by Franchisee for Recission and Damages Arising from Sale of Franchise

[1]-Practice Tips
[2]-Registration of Franchise Offerings
      [a]-Legal Overview

FORM 17: Action by Franchisee to Rescind Franchise Agreement for Franchisor's Failure to Comply with State Franchise Registration Statute - Examination of Defendant Franchisor's National Sales Manager

[3]-Misrepresentation in Uniform Franchise Offering Circular

FORM 18: Action by Franchisee to Rescind Franchise Agreement for Misrepresentation in Franchisor's Uniform Franchise Offering Circular - Examination of Defendant Franchisor's National Sales Manager

Franchise.06 Defending of Action by Franchisee for Recission and Damages Arising from Sale of Franchise

[1]-Practice Tips
[2]-Legal Overview
[3]-Rescission

FORM 19: Action by Franchisee to Rescind Franchise Agreement for Misrepresentation in Franchisor's Uniform Franchise Offering Circular - Examination of Plaintiff Franchisee

[4]-Statute of Limitations Defense

FORM 20: Franchisor's Statute of Limitations Defense - Examination of Franchisee's Principal Owner

[5]-Claim that Franchise was Granted Orally

FORM 21: Defense of Action to Establish Agreement to Grant a Franchise - Examination by Franchise of Putative Franchise's Chief Operating Officer

Franchise.07 Claims Arising from Termination or Nonrenewal of the Franchise

[1]-Practice Tips
[2]-Legal Overview
[3]-Forms

FORM 22: Action by Restaurant Franchisor to Terminate Franchise Agreement; Counter Action by Franchisee - Examination of Franchisor Executive

FORM 23: Action by Eyeglass Store Franchisor for Declaration that Franchisee Was Validly Terminated and to Enjoin Franchisee from Carrying on Business Using Franchisor's Proprietary Items - Examination of Franchisee

FORM 24: Action by Eyeglass Store Franchisor for Declaration that Franchisee Was Validly Terminated and to Enjoin Franchisee from Carrying on Business Using Franchisor's Proprietary Items - Examination of Franchisor's Vice President

[4]-Nonrenewal of Franchises

FORM 25: Action by Franchisee Against Franchisor for Failure to Renew - Examination of Plaintiff Franchisee Concerning Hours of Operation

[5]-Territory Exclusivity

FORM 26: Action by Franchisee for Wrongful Termination - Examination of Franchisor Manufacturer's Sales Representative

FORM 27: Action by Franchisee for Wrongful Termination - Examination of Franchisor Manufacture's Vice President and Marketing Director

[6]-Duration

FORM 28: Defense of Claim that Manufacturer Promised Term Despite Contract Provision that Agreement is Terminable on Notice - Examination of President of Plaintiff-Manufacturer's Representative

FORM 29: Examination of National Sales and Marketing Director of Plaintiff Manufacturer's Representative 

Franchise.08 Competition and Unfair Practices Claims

[1]-Practice Tips
[2]-Introduction
[3]-Use of Confidential Information to Compete

FORM 30: Action by Franchisor to Enforce Confidentiality - Examination of Consultant to Company Whose Former Employee Set Up Competing System

[4]-Claims by Competing Franchisors

FORM 31: Action by Real Estate Franchisor for Interference Against Competing Franchisor that Solicited Franchisees - Examination of Franchisee Representative

FORM 32: Action by Real Estate Franchisor for Interference Against Competing Franchisor that Solicited Franchisees - Examination of Co-Owner of Franchisee

FORM 33: Action by Real Estate Franchisor for Interference Against Competing Franchisor that Solicited Franchisees - Examination of President of Franchisor Franchise.09 Experts in Franchising Litigation

[1]-Practice Tips
[2]-Introduction
[3]-Considerations in Deposing Opponent's Expert
[4]-Overview
[5]-Defending the Expert Deposition
[6]-Designating the Expert
[7]-Outline for an Expert Deposition
[8]-Preparation of the Expert for the Deposition
[9]-Conducting the Expert Deposition
[10]-After the Deposition
[11]- Examinations of Expert Witnesses

FORM 34: Background Questions in Deposing Plaintiff-Franchisee's Expert

FORM 35: Examination of Plaintiff-Franchisee's Expert

(Release 1 2003)

Book Overview