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Franchising Research Guide: Electronic Resources

Bloomberg Corporate Law Franchising Portfolio

As of September 2014, Bloomberg Law has released a thorough franchising portfolio, which is accessible through the Corporate Practice Library.

This portfolio "discusses the history, formation and legal nature of the Franchise.The portfolio begins with an overview of the use of the franchise business arrangement.

"The portfolio then continues on to discuss federal and state definitions of a franchise, alternatives to franchising, the structure of the franchise relationship and drafting considerations for franchise agreements.There is also an extensive discussion of registration and disclosure and litigation issues affiliated with franchises.

"Finally, the portfolio concludes with a chapter covering international franchising issues."

The portfolio also contains a number of forms.

CCH Franchising & Distribution Library

The CCH Franchising & Distribution Library can be accessed from the Library's website by going to the Specialty Databases area and clicking on the CCH link.  Once there, scroll down in the left pane to Franchising & Distribution.  One can expand and choose to search or browse products within the Library using the +/- icons.

Below are links to some of the main products in the CCH Franchising & Distribution Library.  These links will open the resource tree in the left pane to the named resource.

Business Franchise Guide - Explanations, Laws, Cases, Ruling, New Developments is a comprehensive resource for federal and state franchise and distribution laws, regulations, franchise disclosure formats and court decisions. The collection includes more than 5,000 court and administrative decisions.  The Business Franchise Guide also compiles the franchise laws and regulations from 18 major international jurisdictions.  The Guide includes a topical index as well as finding lists and a table of cases.  Also available via Westlaw.

Business Franchise Guide Newsletters is the current awareness component of the Guide. Newsletters provide highlights of regulatory, legislative, and judicial developments affecting franchising. References in the newsletters link directly to the full-text source material in the Business Franchise Guide.

Franchising Regulation & Damages.  Formerly a one-volume loose-leaf treatise, this source provides comprehensive coverage of business format franchising, including trademark licensing, royalties, franchise packages, damages, responsibilities of the franchisor and franchisee, as well as regulation by the Federal Trade Commission.  Also available via Westlaw.

LexisNexis

Note that links to additional resources in Lexis may be provided in other sections of this guide. If you are unfamiliar with accessing sources in Lexis Advance or would like a refresher in doing so, please visit this brief guide.

Franchising. Gladys Glickman. Treatise covering legal, business and tax considerations of modern franchising, synthesized into a unified picture. Includes discussion of the requirements of the FTC Franchising Rule, state and federal disclosure and registration requirements, text and analysis of the new Uniform Franchise Offering Circular (UFOC), and clause-by-clause analysis of franchise agreements.

Midwest Transaction Guide. Guide includes relevant statutes, regulations and secondary legal sources, preliminary determinations telling what policy decisions must be made beforehand, a drafting guide covering elements in drafting or reviewing documents, a procedural guide explaining operative steps, and all tax reform legislation.

Westlaw

Note that links to additional resources in Westlaw may be provided in other sections of this guide.

Legal Aspects of Selling and Buying. Philip F. Zeidman. Treatise discussing antitrust, franchising and distribution law.

Franchise and Distribution Law and Practice. W. Michael Garner. Treatise that provides in-depth commentary on all aspects of franchising and distribution agreements, FTC regulations and state laws, contract, tort and real estate law, anti-trust and related trade regulation law, laws affecting termination of the business relationship, the special effects of tax and bankruptcy laws on franchise relationships, and litigation of franchise relationships.

Bloomberg Law

Access to Bloomberg Law requires an individual user name and password.

Franchising Portfolio. BNA Corporate Practice Portfolios. Text of BNA's Portfolio No. 102, which examines state and federal regulation of the sale of franchises. Worksheets include checklists for determining whether or not state franchise definitions are satisfied, forms for state registration of the offer and sale of franchises, and a directory of agencies concerned with the regulation of buying and selling a franchise.