Bryan Cave's litigation and dispute resolution practice is considerable and broad-based. We have litigated and arbitrated matters involving all aspects of the franchise relationship throughout the United States . Some of the issues we have handled include: allegations of wrongful termination and failing to renew; allegations of RICO violations; claims of advertising fund impropriety; antitrust tying claims; claims arising out of supplier restrictions and rebates; claims of fraud; claims of breach of contract and alleged lack of good faith and fair dealing. We also have handled claims arising out of system acquisitions and divestitures; allegations of violations of the Americans with Disabilities Act; allegations of violations of various state consumer protection laws; class actions claims; claims implicating potential vicarious liability for franchised outlets; encroachment claims and boundary disputes.
Representative Litigation Franchise Matters:
- Represent franchisors in numerous groundbreaking franchise-related decisions.
- Enforce termination rights of franchisors throughout the country.
- Defend franchisors against claims of violations of the various state franchise investment and relationship statutes.
- Represent franchisors in connection with inquiry letters and investigations by government agencies.
- Obtain dismissal of encroachment claims at the pleading and summary judgment stage.
- Enforce franchisors rights to obtain general releases from franchisees at various stages in the franchise relationship.
- Defend franchisors against claims of nondisclosure and fraud.
- Obtain favorable judgments against claims of unfair competition against franchisor for competing with franchisees.
- Defend claims arising out of acquisitions and sales of franchise systems.
- Manage quality assurance litigation for several franchise systems.
- Defend claims related to advertising fund improprieties.
- Obtain dismissals of race and other discrimination claims.