Last week, a judge ruled in favor of a former bartender from Surly Brewing Co., who filed suit against the brewery on behalf of over 100 current and former bartenders and wait staff who have worked at Surly starting in 2014.  The lawsuit claimed that Surly violated Minnesota law by requiring servers and bartenders to Read more…

A franchise discovery day, or similar event, is an opportunity for prospective franchisees to learn about the franchise from the franchisor firsthand. Attending a franchise discovery day is a key way for franchisees to gather a lot of helpful information in a short period of time. What is a Franchise Discovery Day? At a typical Read more…

September 16, 2016 Some of you may be aware that there is an ongoing lawsuit between two Minneapolis breweries about a trademark dispute – Smokehouse Brewpub, LLC v. Lucid Brewing LLC.  An oversimplified breakdown of the facts at issue looks like this: Smokehouse Brewpub, LLC (Smokehouse) files an application with the Patent and Trademark Office Read more…

September 30, 2014 The new rule is intended to reduce the regulatory burdens on smaller brewers, reduce their administrative costs, and create administrative efficiencies for the TTB. Today, the Alcohol and Tobacco Tax and Trade Bureau (TTB) announced that it has issued a final rule, titled “Small Brewers Bond Reduction and Requirement to File Tax Read more…

Obviously, there is a lot of uncertainty about cannabis regulation in Minnesota. Almost immediately after passage, there were directly opposing interpretations of the law and confusing information put out across Minnesota news outlets. For example, we are frequently asked these days whether smokable hemp flower can be sold. The Department of Health has issued guidance Read more…

April 3, 2020 The Coronavirus pandemic has caused a profound and pervasive impact on almost every facet of daily life around the world. This impact is felt especially acutely by small businesses, including breweries, distilleries, and wineries. Over the course of just a few weeks, once busy taprooms have been completely emptied, distilleries have begun Read more…

Red Flags & Warning Signs The points detailed below reflect common franchise problems, franchisor red flags and warning signs that have arisen with respect to franchise sales that, in many instances, have proven to be troublesome for franchisees. If you find one or more of the following franchise red flags — proceed with caution. The Read more…

March 28, 2015 On behalf of Garner, Ginsburg & Johnsen, P.A. on Saturday, March 28, 2015. When you sign a franchise agreement, you plan to uphold it, and you expect the franchisor to do the same. Unfortunately, franchisors sometimes breach the contracts they enter into with franchisees, and beyond annoyance, this can result in serious Read more…

September 28, 2023 Buy-sell agreements are incredibly important for small businesses with multiple owners to have in place. The main purpose of a buy-sell agreement is to provide a method for the orderly transfer of ownership and management control when specific events occur, such as the death, disability, retirement, or voluntary departure of a co-owner. Read more…

January 25, 2023 Trademarking, a type of federal registration, is meant to enhance your organization’s rights and protect your intellectual property. With trademark law, you are able to solidify legal protection for a word, phrase, symbol, design — or even a combination of those — that identifies and distinguishes your company and its products or Read more…

January 21, 2021 Generally, the only mention of bankruptcy in a franchise agreement for a franchisee in the state of Minnesota relates to what happens when a franchisee declares bankruptcy. This means that a franchise agreement often will not provide franchisees with any protection if their franchisor declares bankruptcy. Franchise bankruptcies are not always detrimental Read more…

March 16, 2023 A “general release” is a document in which one person releases another from any claims or threats of lawsuits.  Franchisors often require franchisees to sign general releases at various points in the relationship to insulate themselves from franchisee lawsuits. If, as a franchisee, you have signed a general release, in all likelihood Read more…