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13 November 2018
Bruno Floriani To be an employee or not to be – that is once again the question

Canada - Lapointe Rosenstein Marchand Melançon LLP

The issue of whether a franchisee is an employee or an independent contractor has been debated on numerous occasions and was once again raised in a recent Quebec Court of Appeal decision. In its decision, the court emphasised that when analysing whether a franchisee qualifies as an employee or an independent contractor, the courts should look beyond the terms of the agreement between the parties. While this decision may worry certain franchisors, there are a number of mitigating factors to consider.

Authors: Bruno Floriani, Marissa Carnevale, Tanya Nakhoul
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Raphael Mellerio Take care in online presentation of franchised outlets

France - Aramis Law Firm

As part of the promotion of their networks, franchisors often edit websites displaying contact details and other relevant information regarding the franchise network's outlets, whether they are owned by them or operated by franchisees. In a recent decision, the Versailles Court of Appeal held that a franchisor had treated a franchisee's stores on its website unfairly compared with its own stores.

Authors: Raphael Mellerio, Bertrand Baheu-Derras
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Recent updates

Gordon Drakes Misrepresentation in franchising – important lessons from recent High Court case

United Kingdom - Fieldfisher LLP

Author: Gordon Drakes
Karsten Metzlaff Admissibility of lawsuit despite effective mediation clause in franchise agreement

Germany - Noerr LLP

Authors: Karsten Metzlaff, Tom Billing
Gordon Drakes Joint venture franchises: the whys and wherefores

International - Fieldfisher LLP

Authors: Gordon Drakes, David Bond
Bruno Floriani Franchisor caught between rock and hard place: importance of clear exclusivity clauses

Canada - Lapointe Rosenstein Marchand Melançon LLP

Authors: Bruno Floriani, Marissa Carnevale, Tanya Nakhoul


Global Counsel Awards 2019

Call for nominations

We are conducting confidential research on corporate counsel for the 13th annual Global Counsel Awards. The purpose of the awards is to identify those in-house counsel, both teams and individuals, that excel in their specific roles. To nominate an in-house team and/or individual, as well as a general counsel, that has particularly impressed you over the past 12 months, please complete this short online questionnaire – it should only take a few minutes.

To submit your nomination please visit: