Notable Franchising Litigation Engagements

  • National franchise counsel to Restaurant Brands International, Inc. for its Burger King®, Tim Hortons® and Popeyes® brands, handling all aspects of franchise litigation throughout the United States.
  • National, international and Florida litigation matters for franchisors of various other brands including Gap, Inc., Subway®, Burger Fi ®, Smoothie King, Pearle Vision, Inc., Jamba Juice, Benihana National Corp., TGI Friday’s®, among many others.
  • Represented various franchisors successfully in international development disputes involving Europe and Latin America defending against $100 million+ damage claims
  • Represented large scale multi-unit developers in various aspects of the franchise relationship, including acquisitions and relationship issues.
  • Represented franchisors with respect to numerous issues in franchisee bankruptcies, including reorganization of multi-unit franchisees, franchisor’s right to terminate franchise agreements in bankruptcy, and complex system supply issues.
  • Represented franchisors in suits validating their right to set maximum prices for system products.
  • Represented franchisor against claims arising from refusal to approve transfer of franchisee’s businesses, including a summary judgment on a $24 million claim involving 29 restaurants.
  • Represented various franchisor clients on disclosure issue claims, claims under numerous state franchise acts and those relating to federal UFOC issues.
  • Represented franchisor in California ADA class action litigation involving 90 plus restaurants.
  • Prevailed in arbitration of disaffected franchisees’ claims relating to merger of two food industry franchisors, including claims alleging abandonment of trademarks, violation of state acts, and earnings claim violations.
  • Successfully defended against numerous claims seeking to hold franchisor vicariously liable for wrongful acts of franchisees.
  • Successfully defended numerous franchisee “encroachment” claims concerning alleged violations of their territorial rights.
  • Enforced trademark rights enjoining unauthorized use of trademarks and enforcing system menu and facility requirements.
  • Successfully defended class actions brought against franchisors claiming overtime pay and other wage-hour violation.
  • Successful defense of nationally publicized discrimination lawsuit.
  • Preparation of UFOCs, FDDs and license agreements and other transactional documents on behalf of franchisors.