Franchise Litigation

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Over the past three decades, attorneys in our Franchise, Antitrust and Distribution Practice Group have been providing litigation and arbitration services to franchisors with respect to all aspects of the franchising operations. While our attorneys primarily represent franchisors, from time-to-time we will represent franchisees as to various claims. Handling claims on both sides gives our attorneys a beneficial and unique perspective regarding the needs of franchisees and franchisors.

Franchising is a specialized method for the distribution of goods and services that is widely regulated by state and federal law. These unique and expansive federal and state statutes can impose stringent disclosure, registration and relationship obligations on franchisors. If not monitored closely, failure to comply with these obligations can put franchisors in time consuming and expensive litigation.

Briggs and Morgan is a nationally recognized leader in the full-service representation and counseling of franchisors. Our experience includes representing franchisors in connection with: counseling as to contract drafting and negotiation, disclosure obligations, pre-termination and pre-nonrenewal procedures and general franchisee relationship issues.  On the litigation side, our attorneys have a significant amount of experience handling claims pertaining to: wrongful termination or non-renewal; enforcement of non-compete provisions; enforcement of post-termination obligations; collection of outstanding royalties/fees; protection of trademark rights; enforcement of contractual provisions; breach of contract; breach of the implied covenant of good faith and fair dealing; violations of statutory provisions; unfair competition; trade secrets; earnings claims; misrepresentation/fraud; antitrust and encroachment. 

Our attorneys are very knowledgeable about the demands and requirements of the various franchise statutes around the nation and stay current with the changes in those statutes which may radically impact the potential actions of a franchisor. One of the leaders of our practice group developed and taught a franchise law course at the Hamline Law School. We provide extensive counseling to our clients to ensure preventive measures are taken to try to avoid unnecessary, extensive and prolonged litigation. However, when litigation and/or arbitration situations arise, our team is experienced and ready to handle any claim regardless of how small or how complex. We have extensive experience enforcing arbitration clauses and successfully arguing in a number of cases FAA preemption of state statutes voiding arbitration and arbitration venue clauses.

Our attorneys have handled litigations and arbitrations throughout the United States and internationally, including cases in Minnesota, California, Colorado, Illinois, Iowa, Michigan, New Jersey, North Carolina, Ohio, Tennessee, Texas and Wisconsin. Over the years, attorneys in our group have represented franchisors in industries such as hair care, bath and body products, ice cream, fitness centers/weight loss clinics, hotels, used sporting goods equipment, delivery services, fast food, pizza and home purchasing.

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