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2026 Ins and Outs
August 14, 2026We’re halfway through the year and back again with an updated list of top Ins and Outs for 2026! We’ll be tracking these issues (the legal ones anyway) and more for you as the year goes on.

Your Chatbot Could be Opposing Counsel’s Star Witness
August 14, 2026Another alert about AI—we know. But this one is worth the quick read: how your organization uses AI today carries direct, and often overlooked, negative consequences as we move into an AI-enabled world.
TESS, TEAS, and AI: The USPTO Gets an Upgrade
August 12, 2026The USPTO has been steadily modernizing its trademark systems. For experienced trademark practitioners and brand owners, some familiar processes now look quite different, but the upgrades have elevated the practice.
Virginia Bans Post-Term Noncompetes and Shifts the Force
May 4, 2026Virginia has shifted the balance in the franchise galaxy. Effective July 1, 2026, Virginia law will prohibit post-term noncompete restrictions in franchise agreements and impose Virginia law on franchise arrangements offered or entered into in the Commonwealth. For franchisors, the change signals a clear need to rethink post-term protections and reliance on standardized agreement language.
A New Franchise Disclosure Order Takes Shape in Saskatchewan
April 30, 2026Saskatchewan has entered the franchise disclosure galaxy. Effective June 30, 2026, the province will implement The Franchise Disclosure Act, joining other Canadian jurisdictions with comprehensive franchise disclosure legislation. The new framework introduces disclosure, certification, and franchisee protection requirements that will impact franchise sales and ongoing compliance for systems operating in or into Saskatchewan.
Shifting Winds for California Noncompetes
February 17, 2026Post-termination noncompetition covenants have historically been considered un-enforceable against California-based franchisees. However, recent case law suggests that winds may be shifting in this arena.
Whose Responsibility Is It Anyway?
February 17, 2026Some states are introducing Extended Producer Responsibility laws. These laws, while not aimed directly at franchisors, may still impact a franchisors' bottom line.
Maryland Launches Fast-Track Franchise Renewal
December 15, 2025What franchisors need to know to take advantage of the state’s new expedited renewal process.
Insurance Defense: Your Franchise’s Unexpected Guest
December 15, 2025Even when your franchisee’s insurance carrier controls the defense, franchisors can’t afford to just sit on the sidelines. Monitoring—and, at times, guiding—counsel is essential to protecting your brand and avoiding unexpected liability.
The Two-Minute Drill: Franchise Compliance Before Year-End
October 7, 2025Football season is in full swing, and franchise development teams are pushing hard to meet year-end goals. For most franchisors, this marks the final quarter of their fiscal years.
The Impact of One Big Beautiful Bill on Franchising
October 7, 2025The comprehensive tax reform, formally Public Law 119-21 (H.R.1, 119th Congress), commonly known as the One Big Beautiful Bill (OBBBA),…
TCPA Developments: Understanding the Current Landscape
June 12, 2025Recent judicial and regulatory activity has significantly shifted the Telephone Consumer Protection Act (“TCPA”) compliance landscape. Below is a summary…
Reversing Course: SBA Reinstates Franchise Directory
June 12, 2025The Small Business Administration (“SBA”) eliminated the SBA Franchise Directory (“Directory”) in 2023. Two years later, the SBA has reinstated…
Memberships and Subscriptions: The Fine Print Can Be a Big Challenge
June 12, 2025While the Federal Trade Commission (“FTC”) has postponed enforcement of its amended “click-to-cancel” rule until July 14, 2025, franchisors that…
Cheng Cohen’s Ins & Outs for 2025
February 7, 20252025 started out with a bang for the Cheng Cohen crew. We’ve jumped on the bandwagon and put together our…
CTA Reporting Deadline Still In Flux
February 6, 2025The future of the Corporate Transparency Act remains uncertain. For now, reporting entities are not required to file Beneficial Ownership…
New Privacy Protections on the Horizon
December 6, 2024Several new state-level data privacy laws become effective beginning on January 1, 2025 (including Iowa, Delaware, New Hampshire, and Nebraska),…