I recently had an article published in the American Bar Association Business Torts Journal Fiduciary Duty Issue. The article, “Fading Fiduciary Duties Between Franchisors and Franchisees” deals with limited circumstances in which court recognize a fiduciary duty between a franchisee and a franchisee. Essentially, the franchisor’s control over the franchisee must be at a very high level.
I decided to write this article after having represented franchisors and franchisees in connection with their commercial leasing disputes. It is suprising how many other issues come up in these disputes.