Franchisee-Franchisor Litigation

Gavett, Datt & Barish, P.C. has significant experience representing franchisees in all facets of the franchise process. This experience includes reviewing and evaluating the pros and cons of a particular franchise opportunity and negotiating the terms and conditions of the franchise agreement.

In today's competitive business environment, prospective franchisees have to be aware of all of the potential pitfalls and challenges that exist in any relationship with a franchisor. This includes the initial term and renewal of the franchise, potential sites for the franchise, franchise fees, gross sales and royalties, multi-store development agreements, guarantees, issues regarding collateral, ownership of the franchise, restrictions on sale, transfer and assignment of rights, advertising fees, trademark/trade secret issues, exclusivity, lease, remodel and construction scenarios, record keeping, training of employees, non-competition and default. Our attorneys are familiar with and have dealt with all of the complexities in a franchisor-franchisee relationship and are experienced in providing the franchisee with competent representation regarding all franchisee related issues.

When a franchisee is alleged to be in default under the Franchise Agreement, or when litigation or a claim ensues between franchisor and franchisee, the firm has been successful in representing franchisees in challenging the interpretation of and the terms and conditions under a respective franchise agreement. All options and scenarios are explored in reaching a positive resolution for the client.

Our long history of representing franchisees suitably qualifies us to provide the necessary representation in all facets of undertaking and operating a franchise.