contract rights Archives

Jun 7, 2017

6 Must-Ask Questions Before Completing Merger & Acquisition

Franchise mergers and acquisitions are not slowing down, and the deals range from small, like the recent acquisition of Green Home Solutions by Mosquito Shield, to the $1.3 billion tender offer purchase of Popeye’s by Restaurant Brands International, the owner of Burger King and Tim Hortons. The mergers and acquisitions of franchise companies and systems involve many special considerations that set them apart from the acquisitions of other businesses. Such businesses are more than the “sum of their parts” as franchise companies subsist on a foundation built from distinctive business attributes. These include a franchised company’s intangible assets and their… Read more

Apr 17, 2014

Effective Immediately: Brand New Mississippi Lien Laws

In an earlier blog post, we discussed a Fifth Circuit Court of Appeals opinion, Noatex Corp. v. King Constr. of Houston, LLC, 732 F.3d 479 (5th Cir. 2013), which found Mississippi’s Stop Notice Statute unconstitutional. The ruling was particularly harsh because Mississippi did not allow subs and suppliers the right to record a lien. After the ruling, the only apparent recourse for subs and suppliers that had not been paid for work completed was to sue those with whom they had a contract for breach of contract. We questioned how the Fifth Circuit’s ruling would affect Mississippi’s lien laws. Now… Read more