Papa Johns 2013 Annual Report Download - page 23
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operateproperly,wemayneedtoupgradeorreplacethesesystems,whichcouldrequirematerialcapital
investmentfromusandourfranchisees.Partofourtechnologyinfrastructureisspecificallydesignedfor
us and our operational systems, which could cause unexpected costs, delays or inefficiencies when
infrastructureupgradesareneeded.Ifweexperienceprolongedandwidespreadtechnologicaldifficulties
withtheplannedrolloutofourupgradedPOSsystem,“FOCUS,”ourdomesticcorporateandfranchise
operations could be disrupted, adversely impacting sales. Significant portions of our technology
infrastructureareprovidedbythirdparties,andtheperformanceofthesesystemsislargelybeyondour
control.Failureofourthirdpartysystems,andbackupsystems,toadequatelyperform,particularlyasour
onlinesalesgrow,couldharmourbusinessandthesatisfactionofourcustomers.Inaddition,wemaynot
have or be able to obtain adequate protection or insurance to mitigate the risks of these events or
compensate for losses related to these events, which could damage our business and reputation and be
expensiveanddifficulttoremedyorrepair.
We may incur significant costs resulting from a security breach, including a breach of confidential
customerinformationfromourdigitalorderingbusiness.
Wearesubjecttoanumberofprivacyanddataprotectionlawsandregulations.Ourbusinessrequiresthe
collection and retention of large volumes of internal and customer data, including credit card data and
other personally identifiable information of our employees and customers housed in the various
informationsystemsweuse.Theintegrityandprotectionofthatcustomer,employeeandCompanydata
iscriticaltous.Althoughwetakesignificantstepstopreventsecuritybreachessuchastheftofcustomer
and Company information, failure to prevent fraud or security breaches could harm our business and
revenues due to the reputational damage to our brand. Such a breach could also result in litigation,
penalties,andothersignificantcoststousandhaveamaterialadverseeffectonourfinancialresults.
Wehavebeenandwillcontinuetobesubjecttovarioustypesoflitigation,includingcollectiveandclass
actionlitigation,whichcouldsubjectustosignificantdamagesorotherremedies.
We and our restaurant industry competitors are subject to the risk of litigation from various parties,
including vendors, customers, franchisees and employees. We are involved in a number of lawsuits,
claims, investigations, and proceedings consisting of intellectual property, employment, consumer,
commercialandothermattersarisingintheordinarycourseofbusiness.Wearecurrentlyadefendantina
case containing collective and class action allegations. Plaintiffs in these types of lawsuits often seek
recoveryofverylargeorindeterminateamounts,andthemagnitudeofthepotentiallossrelatingtosuch
lawsuitsmaynotbeaccuratelyestimated.Weevaluatealloftheclaimsandproceedingsinvolvingusto
assesstheexpectedoutcomeandwherepossibleweestimatetheamountofpotentiallossestous.Inmany
cases, particularly collective and class action cases, we may not be able to estimate the amount of
potential losses and/or our estimates may prove to be insufficient. These assessments are made by
management based on the information available at the time made and require the use of a significant
amount of judgment, and actual outcomes or losses may materially differ. Regardless of whether any
claimsagainstusarevalid,orwhetherweareultimatelyheldliable,suchlitigationmaybeexpensiveto
defendandmaydivertresourcesawayfromouroperationsandnegativelyimpactearnings.Further,we
may not be able to obtain adequate insurance to protect us from these types of litigation matters or
extraordinarybusinesslosses.
Wemaybesubjecttoimpairmentcharges.
ImpairmentchargesarepossibleifoursubsidiarieslocatedintheUnitedKingdom(“PJUK”)andChina
or previously acquired domestic restaurants perform below our expectations. This could result in a
decreaseinourreportedassetvalueandreductioninournetincome.