Franchise and Dealership

Franchise and Dealership Litigation
The attorneys of our Franchise and Dealership Group understand the complex issues facing franchisors.  We craft efficient and effective litigation strategies for a broad range of franchising disputes.  Our attorneys' extensive trial experience and breadth of practical knowledge fuels our success in the courtroom and helps our clients meet their long-term strategic goals.

From infringement to vicarious liability claims to consumer fraud and antitrust matters, our attorneys handle disputes as varied as the issues our clients face.

Franchise and Dealership Transactional Services
Our Franchise and Dealership Group serves franchisors ranging from smaller regional start-ups to large national franchisors.  Our attorneys understand the practical and legal implications of the advice they give and focus on providing cost-effective solutions to our diverse clientele.

The attorneys in our Franchise and Dealership Group recognize the importance of intellectual property and brand protection to our clients.  Our team helps franchisors protect and enforce their intellectual property rights against third party infringers and noncompliant franchisees.

Our attorneys’ experience with labor and employment law also allows us to assist our clients in proactively managing franchise-related employment issues before they become problematic.

From negotiating master franchise agreements for nationwide franchisors to managing day-to-day documentation issues for franchise portfolios, our Franchise and Dealership Group is well-equipped to assist clients with all of their franchise-related needs.

  • Experience

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    We focus on developing a specifically tailored litigation or transactional strategy to obtain each client’s desired result in the most efficient manner possible.  Our experience includes:

    • Franchise-related trademark, trade secret and unfair business method cases
    • Post-Termination, non-competition, and de-identification litigation
    • Brokerage and commission disputes
    • System-wide franchise agreement negotiation and individual franchise issues
    • Minority shareholder litigation

  • Clients and Industries

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    Our attorneys have obtained results representing franchisors, licensors, dealerships, and suppliers in a variety of matters and have experience in a wide range of industries including national franchise networks, franchise start-ups, and automotive dealerships.

  • Selected Case Results

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    • Successfully represented a national franchisor in multi-state litigation against former franchisees and their principals involving issues of misappropriation of trade secrets, trademark infringement, unfair business practices, breach of contract, and conversion. (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    • Successfully prosecuted a specific performance action involving due diligence and financing issues on behalf of the buyer of an automotive dealership and underlying real estate. (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    • Successfully prosecuted and defended an action on behalf of an automotive dealer against a dealership brokerage firm arising out of alleged misrepresentations during the dealer acquisition process and alleged entitlement to a commission resulting from the subsequent sale of the real property under the dealership. (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    • Successfully represented a national franchisor in negotiation with a franchisee committee resulting in a new system wide franchise agreement. (Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P.)

    • Successfully prosecuted claims on behalf of a large home furnishings company and national franchisor for fraud, breach of contract, intentional interference, and unlawful business practices against private equity funds and their principals, ultimately resulting in the entire preferred return (in excess of $49 million) associated with stock issued to the private equity funds being eliminated and the preferred shares surrendered to the company for less than half of the amount of the original principal investment of the private equity funds.

    • Successfully defended the directors and officers of a large privately held corporation in litigation brought by a minority private equity investor alleging various claims including breach of fiduciary duty and constructive fraud resulting in a complete dismissal.

    *Past results are reported to provide the reader with an indication of the type of litigation in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.