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To Disclose or Not to Disclose?

While <I>Hanley v. Doctors Express Franchising, LLC</i> does not demonstrate any significant movement in the law governing FPRs one way or the other, it does demonstrate that FPR claims will not necessarily be readily dismissed, and that the absence of relevant information can be even more important in the context of financial disclosures than the actual accuracy of what is reported.

16 minute read May 30, 2013 at 04:21 PM
By
Rupert Barkoff and Andrew Head
To Disclose or Not to Disclose?

Financial performance representations (“FPRs”), formerly referred to as “earnings claims,” have generated extensive discussion since franchise sales first became regulated in 1970. FPRs are, in plain English, projections of how a franchise might perform financially or historical financial performances.

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