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The Ice Miller Blog

Partner Reena Bajowala to Moderate Panel at Hub88's Steamfest

October 26, 2018
Reena Bajowala, a partner in Ice Miller's Litigation Group, will moderate a panel at hub88's Steamfest: Exploring Endless Possibilities event in Naperville, Ill. on Nov. 9. 


Franchisors – Are your Non-Solicitation Agreements Enforceable?

February 12, 2018 by Christina Laun Fugate, Partner
In late January, a class action was filed against Jimmy John’s in the Southern District of Illinois by current and former franchisee employees who are challenging Jimmy John’s enforcement of non-solicitation agreements. These agreements prohibit franchisees from recruiting or poaching employees from other Jimmy John’s restaurants. If poaching or recruiting does occur, Jimmy John’s has the right to terminate the franchise agreement and issue a $50,000 penalty. The plaintiffs are arguing that 98 percent of Jimmy John’s are franchises, and therefore, these agreements give employees little opportunity for competitive wages. Although this class action is pending in Illinois, this case begs the question whether a non-solicitation agreement, such as the Jimmy John’s agreement, is enforceable in Indiana.  
 


A Franchise Dispute is Brewing

A flurry of litigation is brewing over the Ohio Alcoholic Beverages Franchise Act (the Act) as Great Lakes Brewing Company seeks to require its distributor to obtain Great Lakes’ approval before changing ownership. The case is currently taking a second lap before the Sixth Circuit to determine whether Great Lakes violated the Act.



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