Last month’s column about an evolving franchise model is particularly relevant in light of emerging disputes between franchisees and franchisors and how it is being played out in front of the Federal Trade Commission….
Over the years a steady stream of people who are in the early stages of developing a restaurant concept have come to see me to ask about franchising. In most cases, the business owner…
The last three years has created change in the restaurant industry, so it’s important to look at your exit strategy, which should include a review of buy-sell agreements. To address some of these issues,…
Fortunately for all of us, there tends to always be a supply of new lenders and finance sources exploring and/or entering the restaurant, and particularly the restaurant franchise, finance sector. When the Monitor started…
From Business Owner to Amateur Lender: What to Consider Before Agreeing to Seller Financing The lifeblood of M&A transactions is capital, and we have been fortunate enough to have recently gone through a prolonged…
Materiality Scrapes are No Longer just a “Trend” but the Norm in M&A Minnesotans are not the only ones who are scraping car windows, sidewalks and driveways these days, Buyers in M&A transactions are…
After decades of representing companies in the restaurant and franchise world, I’ve come to the conclusion the majority of the successful companies have effective boards. They can be formal, legal boards or advisory boards,…
Over the last three years, restaurant businesses have been privy to numerous loan programs and government benefits, several administered in conjunction with the Small Business Administration (SBA). The importance of the SBA as a…
Buyer Beware: Enforceability of Non-Competes in M&A Transactions M&A professionals and buyers have long taken comfort that courts will more broadly enforce non-competition and non-solicitation covenants in mergers and acquisitions in contrast to non-competes…