Franchising involves many legal elements, including association with a trademark, payment of a franchise fee, and creating a marketing plan. They also currently hold (or have recently held) leadership positions on the California Lawyers Association Franchise Law Committee and on the Franchise and Distribution Law Advisory Commission, California Board of Legal Specialization, and in the American Bar Association Franchise Forum. Defense of automotive manufacturer in California on claims arising out of refusal to approve a dealership transfer. Prosecution and defense of actions in California and Pennsylvania to enforce franchisor’s right of first refusal to purchase shares in 28 Pittsburgh area franchisee locations. They include Certified Specialists in Franchise and Distribution law by the California State Bar, Board of Legal Specialization. Represented various franchisors in temporary restraining order, preliminary injunction and forcible entry and detainer actions in Colorado state court. Representation of restaurant franchisor in termination litigation involving gaining possession of store and related personal property in Colorado state court. Representation of several California franchisees in the hospitality industry against hotel franchisors on claims arising from breaches of the licensing agreement and UFOCs. This article addresses the problems that can befall a business that inadvertently operates as a “franchisor” under Federal or California franchise law.
We have the resources to help you with your business or franchise needs. Tax. Not only do our international, federal, state and local tax attorneys provide valuable ongoing tax advice and information to our clients, they have experience representing vertical distribution companies and work closely with us to assure that our transactions are structured in a tax advantageous manner. Snell & Wilmer’s retail and franchise group is experienced in representing franchisors (and at times franchisees) in courtrooms throughout the country. Each case is unique, and the Goldstein Law Firm has familiarity with and expertise in every type of claim that could be asserted or faced in franchise or distribution litigation, including, but not limited to: antitrust conspiracy violations, wrongful terminations, breaches of contract, unfair acts and practices, deceptive market conduct, price-fixing, resale price maintenance, discriminatory pricing, tortiouos interference, and discriminatory franchise conduct. In addition to general franchise and distribution law, Goldstein specializes in antitrust, unfair trade practice, and racketeering law. Prosecution of Lanham Act and related state law claims on behalf of franchisor against former Montana franchisee who continued to use a domain name incorporating franchisor’s name and marks. Defended franchisor in third-party action brought in Hawaii based on alleged fraudulent conduct of franchisee.
Defended franchisor in third-party fraud claims in California arising out of franchisee’s allegedly fraudulent promotion of a commercial real estate investment. Our franchise attorneys have handled a variety of disputes for numerous franchising clients in a variety of industries, including restaurant, fast food, hospitality, hotels, real estate brokerage and automobile dealerships. Our franchise attorneys handle not only mediation and arbitration proceedings, but also have litigated cases through trial and appeal in state and federal courts across the country. Litigated unfair labor practices before the NLRB and the federal courts of appeals on the question of joint responsibility between franchisors and franchisees. Mulcahy LLP, a leading antitrust and franchise litigation boutique in California, successfully litigated an arbitration proceeding against a franchisee on behalf of coffee house franchisor It’s A Grind. Subsequently handled similar disputes with the manufacturer’s dealers in West Texas/New Mexico and Maryland, averting litigation by negotiating new non-exclusive agreements with those dealers.
Defended largest franchisee of national pizza restaurant franchisor regarding all employment disputes. Settled for cash payment plus the attorneys’ fees franchisor incurred, together with buyer’s agreement to completely de-identify and post signs re: lack of affiliation with franchisor. Offit Kurman offers clients the talents of veteran attorneys who have a depth of experience resolving the full spectrum of issues that can arise in the franchise and distribution industry. Our attorneys have gained recognition as leaders in franchise and distribution law. Our corporate attorneys also create and negotiate franchise disclosure documents, franchise agreements, and related instruments. Rush Nigut was the first franchise attorney I met through the World Wide Web. Rush is a top franchise attorney and is good people. We are a national, boutique, full-service, franchise law firm with decades of experience. The brokers provides a conventional full-service, thus estimate the value, promote them for sale, handle the initial buyer interviews, discussions and negotiations with buyers. Franchise attorneys handle . Our attorneys are focused on providing our clients with competent and, when necessary, aggressive legal representation they need to protect and enforce their rights and maintain their businesses. This article was written with GSA Content Generator D emoversion.