Private Franchise and Licensing Litigation
Private franchises (which include distributorships, dealerships, business format franchises, and product franchises) are a common business model. A franchise is a method of expanding a business by licensing independent businesspersons to sell the franchisor’s product or service or to follow a format and tradestyle created by the franchisor using the franchisor’s trademarks and trade names. A franchise represents a commitment on the part of a franchisee to represent the legacy of an established business in exchange for fair considerations from the owner of the franchise and the brand. When franchises are properly organized and managed, both the franchisor and the franchisee benefit from the relationship. When a problem arises, both parties have their own interests to protect.
Although economic advantages exist in the franchise relationship for both parties, franchising often has disadvantages for franchisees who suffer a lack of information before acquiring their franchise and of bargaining power after acquiring their franchise. The disparity in bargaining power of the parties has led to unconscionable provisions in franchise agreements.
Franchises are a complex relationship governed by an intricate system of laws designed to protect the rights of both franchisee and franchisor, and these relationships are even more multifaceted due to differing and often contradictory local and state laws regulating proper business practices in their respective areas. Using our comprehensive knowledge of business and franchise law, our business attorneys look deeply into the workings of both the franchisor and franchisee to identify the best strategies for solving your franchise dispute.
Our business attorneys have experience handling a vast array of franchise issues, including:
We understand the intricacies involved with owning and operating a franchise. Our business and franchise attorneys work to deliver results for our clients and protect their interests in the franchises they own. Contact us today for an assessment of your franchise dispute.