Franchising & Distribution
Our team has:
- Succeeded in achieving a Rule 12(b)(6) dismissal of trademark infringement and unfair trade practice claims filed against an iconic Charleston restaurant client for the second time, this time with prejudice. The federal district court had earlier dismissed the claims, but allowed plaintiff an opportunity to amend.
- Represented franchisor against a rogue franchisee that attempted to move its business to a separate, stand-alone company. Won motions to compel arbitration in two districts, enforcing client’s arbitration clause. Continues to represent the franchisor in arbitration.
- Successfully represented a franchisor of outlets providing emergency and regular maintenance services for the over-the-road trucking industry in a lawsuit in the Southern District of Florida involving violation of noncompete and nonsoliciation clauses of a terminated franchise agreement.
- Represented a franchisor in the insurance adjuster industry in the process of terminating a franchisee that was in violation of their franchise agreement. Defended the franchisor in a countersuit for allegations of fraud under New York law, to the satisfaction of the client.
- A major propane company in securing a $2.7 million jury verdict in contract action involving propane distribution in Lakes Gas Co v. Fencl Oil & L.P. Co., Inc., et al. (N.D.Iowa).
- Secured judgment against franchisee for lost future royalties and defeated RICO counterclaims.
- Obtained arbitration award and judgment for licensor of brand, patents and robotic equipment to Brazilian entity before the International Center for Dispute Resolution.
- Represented the Ground Round restaurant system in a hostile acquisition by 60 franchisees.
- Represented KnowledgePoints education system in an amicable acquisition by 30 franchisees.
- School of Rock v. Smith (3d. Cir.) - Represented School of Rock in affirming arbitration award appeal for franchise breach and trade secret violations, awarding damages, injunctive relief and counsel fees.
- School of Rock v. Rock Nation LLC (Cal. Super. Ct.) - Represented School of Rock in confirming arbitration award granting injunctive relief, damages, and counsel fees for unfair competition and cybersquatting.
- Keepers of Eden v. Historical Media (S.D.N.Y.) - Represented the plaintiff in confirming arbitration award with counsel fees in motion picture distribution dispute.
- Philips Services Corp. v. Luntz (D. Del.) - Represented Luntz in successful defense of preference action and asserted $1 billion fraudulent conveyance defense.
- Lakes Gas Co v. Fencl Oil & L.P. Co., Inc., et al. (N.D.Iowa) - Secured a unanimous $2.7 million jury verdict in contract action involving propane distribution on behalf of Lakes Gas Company.
- A large breakfast food franchise after franchisees claimed breach of contract due to changes in the franchise system and lack of franchisor support. Franchisor compelled arbitration and was awarded entire amount sought for past and future royalties. Franchisees filed bankruptcy during the proceeding, and franchisor successfully objected to a discharge in Manhattan Bagel of Northeast, Inc. v. Manhattan Bagel Co. (N.J. Super.).
- A franchisor in securing an injunction against a fast-food franchisee for nonpayment of royalties and repayment of attorney fees.
- An owner of the development rights for Krispy Kreme franchises in a number of geographic areas in Pennsylvania and New Jersey.
- A real estate franchisor against negligence claims.
- A pet supply company sued by a customer the franchisee and franchisor over a sales transaction at the franchisee’s store resulting in a dismissal of the franchisor.
- A large hotel franchisee in winning a Chapter 11 bankruptcy matter against an upscale hospitality company, where we asserted violations of New Jersey's Franchise Practices Act against attempts by the hospitality company to unilaterally terminate the franchise before the property could be sold.
- A parent developer of auto dealer management software against licensing claims. The licensed distributors of the software objected to termination, claiming the existence of perpetual right to renew their software license and distribution agreements on the same terms as the original agreements. We convinced the arbitrator that the license and distribution agreements were of indefinite duration and therefore terminable by the parent developer after a reasonable period of time.