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Franchise LawyerFranchise Law
The Franchise Lawyer firm of Einbinder & Dunn, LLP has extensive experience in franchise law, representing both franchisors and franchisees. The firm handles litigation and dispute resolution as well as transactional matters for its franchise clients. Einbinder & Dunn’s franchise practice represents clients nationwide.
Einbinder & Dunn, LLP represents and assists franchise clients in connection with matters relating to the following:
Einbinder & Dunn, LLP represents franchisee clients in transactional matters and dispute resolution.
The firm represents franchisee clients nationwide in state and federal courts and in arbitration and/or mediation. The firm has represented franchisees in matters such as fraud claims concerning earnings misrepresentations, claims relating to franchisor misappropriation of advertising and rebate funds and claims based on the breaches of franchise agreements (i.e., encroachment disputes, termination issues and franchisor's approval of sales of franchised businesses). Einbinder & Dunn, LLP also represents franchisee clients in disputes relating to non-compete agreements and other post-termination matters.
In addition, the firm represents franchisees in the formation of franchisee associations and has represented associations in system-wide negotiations and dispute resolution with franchisors.
For a list of representative franchise systems, click here.
Einbinder & Dunn, LLP works closely with franchisors in the development, establishment and structuring of franchise businesses. The firm prepares the necessary documents for the sale of franchises, including Uniform Franchise Offering Circulars, franchise agreements and related documents. The firm also manages all regulatory matters relating to the sale of franchises including the filing and registration of all required documents with state authorities. The firm advises franchisor clients on compliance with all elements of disclosure regulation and franchise sales.
The firm also represents franchisors in litigation and dispute resolution matters including trademark, licensing and contract issues.
Representative sectors include real estate, fast food and quick serve restaurants, education, childcare, and pet services.
Einbinder & Dunn, LLPrepresents a wide range of interests in the franchising field:
Franchise Lawyer Franchise Newsletters & Articles
So You’ve Bought Your First Boat: Forming an Independent Franchisee Association…A Turnkey Approach
Franchisee Law Letter, Issue #1
In September 2006, the United States District Court for the Central District of California, in a case entitled Kevin Burgo et al. v. Lady of America Franchise Corp., denied a motion to dismiss fraud claims by over 60 franchisees. The court held, among other things, that the anti-waiver provision contained in California's franchise statute made the disclaimers in the franchise agreements void as a matter of law, and therefore the parol evidence rule was inapplicable to bar the franchisees' claims. The court also held that the franchisees could maintain their claims under Florida's Deceptive and Unfair Practices Act and Florida's Franchise Misrepresentation Act even though none of the franchisees resided in, or operated their franchises in Florida. Previously, the court upheld the application of California law to the dispute and denied the franchisor's effort to sever or separate each of the claims, allowing the plaintiffs to proceed on a consolidated basis. Einbinder & Dunn, LLP represented the franchisees in this case.
Franchise Associations:
American Association of Franchisees & Dealers
Government Resources:
Your Legal Rights: Guide to the FTC Franchise Rule
Franchise News Links:: |
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