Franchise Law and Litigation

Please send an email to attorney Michael D. Joblove, Jonathan E. Perlman or Nina Greene if you would like more information about our firm's Franchising practice.

Our firm has one of the largest franchise law practices in Florida with clients across the country such as Burger King Corporation. We regularly handle matters in Florida for a variety of franchise systems, including BP Amoco, Carlson Restaurants Worldwide (for its T.G.I. Friday's® concept), Jamba Juice, Curves, Denny's, Inc., Wild Wing Cafe®, Pearle Vision, Inc., Campero USA Corporation (for its Pollo Campero® concept), Benihana National Corp., Smoothie King Franchising, Inc., and Church's Chicken.

Our lawyers have had remarkable success for franchisor clients in cost-effectively obtaining summary judgments in cases involving hundreds of millions of dollars. The depth and breadth of our expertise in this area is reflected by the wide variety of cases we have handled, including:

  • Enforcement actions involving unauthorized use of trademarks, trademark dilution, and common law unfair competition
  • Encroachment claims arising from proximity of sites within a single system
  • Bankruptcy workouts and debt restructuring of major franchisees, and bankruptcy litigation to terminate franchisee's unauthorized use of marks
  • Employment law, including claims of sexual harassment, racial discrimination, and violations of the Americans with Disabilities Act (ADA)
  • Wrongful termination claims brought by franchisees
  • Franchisor representation in bankruptcies of key suppliers to their franchise
  • Enforcement actions to compel compliance with franchisor operations
  • Real Estate issues including lease disputes, quiet title actions and enforcement of restricted trade area
  • Premises liability claims
  • Litigation of supplier issues
  • Defense of class actions, including claims asserting accessibility, wage-hour, adulterated food products violations

We also assist clients in preparation of franchise disclosure documents, license agreements, development agreements and transactions with franchisees and employees. Our franchise law attorneys practice "preventive law" to spare our clients the expense and uncertainty of litigation through careful and collaborative planning, problem solving, transaction structuring, and drafting. Our attorneys are leaders in the major franchise industry trade groups, including the International Franchise Association (GJB hosts and directs South Florida regional meetings), and the American Bar Association's Forum on Franchising. Michael Joblove has served on the Board of Directors and Governing Committee of each of these groups, respectively.

If you would like to speak with a member of our franchise law practice to discuss legal representation, or have any other question, please contact us at our Miami or Fort Lauderdale office. We will respond promptly and arrange for you to speak with a member of the firm with the appropriate experience.