When I lined up for the opening face off on August 24, 2008, the opposing winger asked how the knee was doing. As I replied that it was a lot better than it had been when it wasn’t attached to my leg, I couldn’t help but reflect on the road I had traveled over the previous six months to make it back from an injury that should have left me barely able to walk…
The Importance of the Meineke Dealers Association to Your Franchised Business
Several years ago, I wrote an article about the importance of the contract rights the Meineke Dealers Assocation has under the Meineke Franchise and Trademark Agreement negotiated in 1999–2000. Memories fade as events in time become more remote and doubtless not everyone remembers that those contract negotiations were championed by 110 Meineke Dealers who personally supported and funded that effort in the wake of the class action entitled Broussard et al. v. Meineke Discount Muffler Shops, Inc., et al., 155 F.3d 331(4th Cir. 1998).
Advertising: Edgy or Inappropriate?
In today’s world, as companies compete to sell their products in an increasingly competitive environment, advertising, both in print and media, seeks to have impact. As advertising strives to be “edgy”, there is often a fine line between developing “edgy” ads that have impact and those which are inappropriate.
Brand Positioning
Much has been written about the concept of brand positioning in the modern marketplace. This article is a general discussion of some notions of the concept of “Brand Positioning” and is not intended to be an authoritative discussion of the subject.
Being Prepared for Elder Care
This is not the typical article that I write as an attorney, but if any of you who read it are able to effectively plan for the events that we faced, then it was a message worth imparting.
Dealing with Encroachment Issues in the Real World
This article describes the resolution of an actual encroachment dispute without resort to litigation. It is the second part of a two part article.
The Impact of Contract Interpretation on Encroachment Issues
In this article the impact of contract interpretation on the franchise rights of the dealers in the Meineke system is discussed. This article is the first of two parts.
The Importance of Dealer Participation in the Meineke Franchise System
This article highlights the promises in the Meineke franchise contract affording Meineke dealers the opportunity to have an active say in the administration of their franchise system.
Dealers Association Retains Legal Counsel
This article describes changes to the Meineke franchise contract made since the new agreement was rolled out to the Meineke dealership in 2000.
Franchisee Obtains Concessions from Days Inns
In a case that settled during trial in the United States District Court in Arkansas, the franchisee was able to obtain significant concessions from Days Inns to compensate it for the damage done by encroachment from a new Days Inn franchise, which were outlined in the Consent Order. The damages caused to Loding Development could easily have been avoided, had Days Inns been more careful in the implementation of its expansion program.
Developments In Contract Negotiations With Meineke
As all of you know from all the articles that have been written in recent months, representative Meineke Dealers and the MDA have been involved in contract negotiations with senior management at Meineke for nearly a year. As many of you also know, the current Meineke Franchise agreement was negotiated by a representative group of Meineke dealers in the 1999-2000 time period. Those negotiations took place following the reversal of the approximately $590 million judgment entered against Meineke and its then corporate parent…