Practices

Litigation

Franchising

We have represented a variety of clients, both franchisees and franchisors, in cases involving breach of contract and violations of the duty of good faith and fair dealing, as well as violations of applicable franchise statutes. For example, we brought suit in the District of New Jersey on behalf of New Jersey beer distributors whose rights to distribute a portfolio of high-end imports were terminated after the foreign manufacturer of the brands changed its national importer. We represented the clients at each stage of litigation—including defeating initial motions to dismiss, two years of discovery, and defeating Daubert and summary judgment motions—all the way to a successful jury verdict. We have also represented franchisors, including providing advice to a national brewer on potential litigation with one of its distributors.

We help our franchise clients avoid litigation by keeping them abreast of recent developments in franchise law, such as the recent Supreme Court decision denying the right of franchisees, under the Petroleum Marketing Practice Act, to sue for constructive termination and nonrenewal.