Representing National Franchisor Throughout Franchisees’ Disputes
We continue to represent a national franchisor in connection with many disputes with its current or former franchisees. The claims asserted by the franchisor typically include damage claims for unpaid royalties and injunctions seeking to enforce its trademark rights and to uphold non-compete provisions contained in its franchise agreements. The claims asserted by the franchisees typically involve claims for breach of contract or violation of state statutes governing franchises. We have successfully represented this franchisor in connection with approximately two dozen disputes with various current or former franchisees.
Over its 20+ year history, our client had accumulated and used literally dozens of distribution contracts, purchase orders, invoices, operating manuals, and other business documents. Many were out-of-date and did not address issues related to the internet and eCommerce. We were able to determine the client's goals and develop a set of best practices, creating a uniform set of business documents. We later met with the client's managers to review the documents and how they might be most effectively used.
Our client approached us with an idea—to open a new kind of telecommunications store that would provide customers with innovative products not generally found in one convenient location. We worked with the client to establish, from scratch, a franchise system that is nearly nationwide. In a short time, we completed all of the agreements, disclosure materials, and registration materials needed to move from concept to nationwide chain.
Following a $14 billion acquisition of its competitor, our client was faced with two separate Wisconsin distribution systems for its product lines. Through a combination of litigation and negotiation, we were able to help our client meet its goal of significantly consolidating its distribution network.