Filed claims for franchisor against franchisees and others for wrongful use of service marks in connection with fraudulent international sales of government backed letters of credit. Compliance Analysis. We provide comprehensive domestic and international counseling as to the application, ramifications and avoidance of the various United States and foreign laws governing the grant of vertical distribution rights, including those applicable to franchises, business opportunities and direct sales programs, including technology transfer laws. 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. On the other hand, a wrong business partner may not allow the organization to grow successfully as franchising between wrong partners, due to the difference in thoughts, brings mayhem to business. Documentation. Duane Morris attorneys draft and prepare agreements and collateral documentation that are appropriately tailored in style, form and content to facilitate our clients’ business objectives. Structure and document franchise programs, including agreements and related documents. 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. Defense of automotive manufacturer in California action alleging wrongful encroachment by neighboring dealers and unfair sales and pricing practices.
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. Defended franchisor in third-party fraud claims in California arising out of franchisee’s allegedly fraudulent promotion of a commercial real estate investment. Prosecuted breach of contract claims on behalf of restaurant franchisors and defended franchisees’ discrimination and retaliation counterclaims under Title VII and 29 U.S.C. Franchisors are also regulated by federal law. Our multidisciplinary approach to the practice of Franchise and Distribution law makes Duane Morris highly qualified to provide integrated advice, counsel and assistance to our clients in the ongoing maintenance of their vertical distribution programs, as well as in the positioning of those programs for future strategic advantage and competition. You can well depend upon them for marketing your product or services through effective promotional programs and advertising.
In addition to the establishment of a franchised business or distributorship, Bressler attorneys counsel clients on expansion, relocation, acquisition, sale and protest rights, as well as continuous regulatory compliance initiatives. Our lawyers help business clients comply with regulatory, statutory and other legal mandates through practical, creative and focused legal counsel. Our franchise lawyers counsel clients on a wide variety of franchising related business and legal issues; including, everything from the appropriateness of franchising a business, or buying a franchise, to counseling on franchise relationship matters and everything in between. Defended cookie industry franchisor in a number of employment litigation matters including wage and hour, harassment and discrimination claims. The Duane Morris Franchise and Distribution Practice Group is a multidisciplinary team of attorneys with extensive experience in working with all aspects of vertical distribution and all vertical distribution formats, including franchising; dealership and distributorship programs; sales representative and commercial agency relationships; commercial licensing and co-branding arrangements; management agreement formats; and direct selling and business opportunity relationships. The wide breadth of issues that arise in franchising has led to the emergence of franchise law as a distinct specialty, but it also draws from numerous practice areas including contracts, securities, trademarks and copyright, advertising, fraud and misrepresentation, antitrust, employment, and dispute resolution.
This w as cre ated with GSA Content Ge nerator DEMO.
Keith J. Kanouse has over 30 years of practice in New York and Florida (16 with large law firms) representing entrepreneurs and their companies. Defended large fast food restaurant chain in several EEOC charges for sexual harassment and age discrimination. Franchising provides you access to a large system of established franchisees that can guide and support you. Registration/Disclosure Strategies. Regardless of the vertical distribution structure elected, Duane Morris attorneys provide and implement compliance programs covering registration, disclosure, filing and sales practices requirements governing the grant of vertical distribution rights in the United States and abroad, along with ongoing training, advisory and compliance services and programs to guide our clients’ business practices. Contracts. Common Law. Integrated with the above disciplines, insight into the contractual and common law issues impacting ongoing management of vertical programs. Cooperative Supply. Advertising. Maintenance of cooperative purchasing and selling programs, advertising funds and approved supplier programs. Relationship Maintenance. The ongoing conduct of a vertical distribution relationship can impact areas beyond the franchise and dealer relationship laws and special industry regulation.