Worked with prospective franchisee on review of Franchise Disclosure Document and identified issues pertaining to the franchise offering. The prospective franchisee decided not to proceed with becoming a franchisee.
Served as lead counsel to entities (and related entrepreneurs) that entered into a business/quasi-franchise relationship and later learned that they were subject to fraudulent/negligent disclosures and other wrongdoing. Extricated the entities (and related entrepreneurs) from the franchise relationship, freeing them from having to pay royalties and other fees. Also had it acknowledged and recognized the entities (and related entrepreneurs) owned the franchisor’s trademark.
Drafted demand letter on behalf of franchisee entity and its owners with respect to them being subject to unfair and deceptive acts and practices, as well as other wrongdoing, during the franchise discovery process. Negotiations ensued, with the franchisee being freed from the franchise relationship and having a significant sum of money returned.
Represented individual who was sold an illegal franchise by virtue of the franchisor (and its executives) failing to comply with the Federal Trade Commission – Franchise Rule and relevant state law. The individual was freed from the business relationship and received a substantial return of capital, all without having to initiate litigation or file for arbitration.
Served as co-counsel to franchisee entity and its principal with respect to wrongdoing by franchisor and its executives, including, but not limited to, fraudulent representations, negligent disclosures, unfair and deceptive acts and practices, and failure to comply with relevant federal and state franchise law. After surviving motions to dismiss and modest discovery in litigation, case resolved with franchisee receiving settlement valued in excess of $1 million.
