Franchisees Services
Einbinder & Dunn counsels franchisee clients when buying and operating franchise businesses including:
- Review of FDDs and franchise agreements.
- Negotiations with franchisors.
- The purchase of the franchise from the franchisor (or an existing franchisee).
- Formation and structuring of the franchisee business.
- Real estate, including lease negotiation and construction matters.
Einbinder & Dunn also assists franchisee clients in disputes with their franchisors, including:
- Fraud and misrepresentation claims.
- Breach of contract claims.
- Termination issues.
Einbinder & Dunn represents franchisees nationwide in disputes with franchisors in state and federal courts as well as in arbitration and mediation venues. On behalf of these clients, the firm has brought affirmative claims concerning such matters as franchisor earnings misrepresentations, misappropriation of advertising and rebate funds, and breaches of franchise agreements. The firm regularly represents franchisee clients in disputes relating to non-compete agreements, confidentiality of trade secrets, continued use of proprietary marks and other post-termination matters. It also defends franchisee clients against claims of violating system standards, failure to remodel/refurbish and trademark infringement/unfair competition. In addition, the firm has, when appropriate, counterclaimed on behalf of franchisee clients alleging illegal discrimination and inequitable treatment of franchisees in violation of federal civil rights protection statutes.
Franchisee Associations
The ability of franchisees to negotiate issues with their franchisors is often crucial to the franchisees' success. Einbinder & Dunn has extensive experience in the formation of franchisee associations for clients seeking to level the playing field otherwise tilted in the franchisor's favor. The firm also represents these franchisee associations in system-wide negotiations and dispute resolution with franchisors.
For further information, please see our FAQs for franchisees.
