Franchise and Dealership Law
Freeborn & Peters LLP’s Franchise and Dealership Law Practice Group provides advice and legal representation to a variety of businesses, corporations, and partnerships involved in marketing products and services through franchises and dealerships. Our clients include franchisors and companies using dealers, as well as franchisees and dealers themselves. We provide a broad range of legal services to such clients, including representation in the areas of litigation, corporate, distribution law, pricing, trademark, government relations and real estate.
In terms of litigation, members of the Franchise and Dealership Law Practice Group have experience representing clients in state and federal courts throughout the country, as well as administrative bodies, on a full range of matters. These include franchise and dealership termination cases under state and federal law, including special franchise and dealer statutes such as the Petroleum Marketing Practices Act, state franchise disclosure acts and motor vehicle dealership acts. The group also has experience handling cases involving breach of contract, antitrust, employment discrimination, intellectual property and premises liability for clients in this area.
From the corporate advisory side, members of the Practice Group have broad experience assisting franchising and dealership clients in counseling, drafting and contracting on a wide variety of distribution issues. This experience includes drafting and reviewing franchise and dealership agreements, franchise disclosure statements and vendor and supplier contracts.
Members of the group also have experience counseling clients involved in marketing products and services through franchises, dealerships or other forms of distribution on a variety of topics, including pricing strategies, preservation of intellectual property rights, corporate governance, deal making and the purchase and sale of assets. Members of the group also have experience with various state and local governmental issues confronting clients in this area including liquor licensing, zoning changes, lottery commission issues and department of motor vehicle requirements.
Click here to view the Franchise and Dealership Law brochure.
Representative Matters
General representation of Jimmy John’s, one of the fastest growing quick service restaurant franchise businesses in the country.
Representation of national quick service restaurant franchisor in litigation involving intellectual property licensing and contract issues concerning promotional toys.
Representing AAMCO Transmissions in dealer termination litigation in state and federal courts.
Serving as national franchise, restaurant and employment counsel for Carrols Corporation, the largest Burger King franchise in the country.
Representing Exxon Mobil in dealer termination litigation under the PMPA.
Representing Motorwerks, a large multi-brand car dealer, in litigation against BMW, involving access to new models and allocation of cars in both state and federal courts as well as before the state motor vehicle board.
Advising a fast food franchisor as to franchisee termination issues.
Representing a distribution association in addressing manufacturer issues.
Representing an international manufacturer in drafting a new dealership agreement that completely restructured its channel pricing system and successfully ended the manufacturer’s relationship with a number of dealers.
Representing Taco Cabana in litigation involving the termination of state-wide development rights of a franchisee/developer.
Advising a national restaurant chain on ADA compliance issues.
Representing a national franchisee group in a class action brought by employees of the owner-operator concerning overtime pay
