Epstein Becker Green's Franchising, Distribution & Dealership Group works with clients—both franchisors and franchisees—to identify and resolve problems before they escalate into legal disputes. However, when litigation or alternative dispute resolution becomes unavoidable, the Franchising, Distribution & Dealership Group draws upon the knowledge and experience of its transactional attorneys and commercial litigators, who have significant in-house backgrounds, allowing us to look at disputes with a balanced perspective and find practical and cost-effective solutions.

We have handled franchise litigation and alternative dispute resolution cases across the nation involving:

• Advertising and marketing fund disputes
• Breach of contract, lack of good faith and fair dealing, fraud, and non-compete challenges
• General disclosure and system violations
• System registration, enforcement, and termination
• Trademark and copyright infringement

The Franchising, Distribution & Dealership Group has represented and defended clients in franchise and distribution matters involving a wide range of potential claimants, including actions brought by single franchisees, groups of franchisees, franchisee associations, class actions of franchisees and consumers, suppliers to the franchise system, area franchisees/area developers, and the Federal Trade Commission. We represent franchise clients in federal and state courts nationwide, as well as in mediations and arbitrations.

Representative Matters

• Successfully defended a specialty retail franchisor against an action by a franchisee claiming that an advertising fund was not reaching the customer base and that there were substantial limitations on the maximum amount of dollars that could be collected by the franchisor from the franchisee for use in the advertising fund; the arbitrator found for the franchisor on all counts, ruling that, among other things, the franchisor's implementation of the advertising fund was reasonable, effective, and efficient
• Successfully defended a national franchisee client in a litigation matter involving eminent domain