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Insights by Peter Loh

A pragmatic business litigation attorney, Peter Loh views litigation, or potential litigation, as a business dispute in search of a business solution. With extensive courtroom experience, Peter litigates tenaciously on clients’ behalf. He also counsels them on how to avoid litigation, recognizing that clients view it as inconvenient, expensive, and unpleasant.

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Peter Loh

10 April 2025 Foley Viewpoints

Court Relies on Contractual Terms to Dismiss Dealership Suit Against Auto Manufacturer

Decozen Chrysler Jeep Corp. (“Decozen”), a New Jersey-based automobile dealership, filed a lawsuit against Fiat Chrysler Automobiles, LLC (“FCA”), in U.S. District Court for the District of New Jersey alleging that FCA engaged in unfair business practices that disadvantaged Decozen compared to other dealerships.

31 March 2025 Foley Viewpoints

Permissive Forum Selection Clause Is Not Enforceable in Franchisor’s Suit Against Franchisee

A key term of any franchise agreement is the venue selection clause as we previously explained. This issue was at the forefront of Convenience Stores Leasing & Management, LLC’s August 2024 suit against its franchisees Sukhwinder Singh and Sanjay Arora for breach of contract.

26 March 2025 Foley Viewpoints

Clear Terms of Franchise Agreement Are Enforced Against Franchisee

A recent federal court decision in T&T Management, Inc. v. Choice Hotels, Inc. underscores key contractual and operational considerations for franchisors.

09 April 2025 Events

April 2025 Midwest Cyber Security Alliance Meeting | Cyber Litigation and Enforcement Trends

Join us on Wednesday, April 9, 2025, at the next Midwest Cyber Security Alliance Meeting.

27 February 2025 Foley Viewpoints

Guidance for Franchisors: Lessons from N.A.R., Inc. v. Eastern Outdoor Furnishings

A recent New Jersey appellate court decision provides valuable guidance for franchisors and their in-house legal teams on structuring and protecting franchise relationships.

17 February 2025 Foley Viewpoints

Navigating Non-Compete Agreements: Key Considerations for In-House Counsel in Franchise Businesses

In May of last year, the Federal Trade Commission (FTC) sought to ban non-compete agreements in most employment contracts. Franchise agreements were an exception. However, before the rule could take effect in September, a federal court vacated the ruling in August, asserting that the FTC lacked the authority to enforce such a regulation.

05 February 2025 Foley Viewpoints

Navigating Joint Employment: A Renewed Push to Implement a More Employer-Friendly Standard

With a Republican-controlled Congress and White House, business lobbyists are seizing the opportunity to push for permanent clarity on the issue of joint employment.

30 December 2024 Foley Viewpoints

Controlling Entities to Dealer Contracts Subject to Puerto Rico’s Law 75 May Be Liable for Tortious Interference

Plaintiffs asserting claims for tortious interference of contracts covered by Puerto Rico’s Dealer’s Contracts Act, commonly known as Law 75, may automatically satisfy one element of such a claim. Law 75 regulates relationships between distributors and manufacturers.

16 December 2024 Foley Viewpoints

A Lucid Interpretation of “Affiliates” under Washington’s Franchise Act

A Washington state appeals court has clarified the scope of Washington’s Franchise Act in Lucid Group USA, Inc. v. State of Washington, Department of Licensing.