Representation of a construction material installation franchisor in an action brought by a former franchisee seeking a declaration that the arbitration provision and restrictive covenants in the franchise agreement were unenforceable in Georgia. The franchisor moved to compel arbitration in Florida in accordance with the arbitration provision contained in the franchise agreement.
Kidder, Peabody & Co., Inc. v. Brandt, 131 F.3d 1001 (11th Cir. 1997).
Smith Barney, Inc. v. Hyland, 969 F. Supp. 719 (M.D. Fla. 1997) aff’d, No. 97-2846, slip op. (11th Cir. June 19, 1998).
Gold X-Press Corp. v. Very Beary Venture I, No. 03-60176-CIV-ALTONAGA/Bandstra, 2003 U.S. Dist. LEXIS 19747 (S.D. Fla. Oct. 3, 2003).
Johnson v. Pires, 968 So.2d 700 (Fla. 4th DCA 2007).
Dealer Basics, LLC v. Am. Auto Exch., Inc., No. 3:07-CV-1311-O ECF, 2008 WL 11425396 (N.D. Tex. Sept. 22, 2008).
Wright v. City of Miami Gardens, 200 So. 3d 765 (Fla. 2016).
Fatt Katt Enters., Inc. v. Rocksolid Granit (USA), Inc., No. 1:17-CV-1900-MHC, 2018 WL 482461 (N.D. Ga. Jan. 11, 2018).
Representation of beauty salon franchisor in successfully defending an arbitration brought by an area representative asserting claims primarily for breach of the area representative agreement and the wrongful termination of the area representative. The remaining counts brought by the area representative were largely for alternative theories, which included breach of the covenant of good faith and fair dealing, breach of a “side” agreement relative to the opportunity to cure the breaches of the area representative agreement, unjust enrichment, promissory estoppel/equitable estoppel, tortious interference, and conversion. The franchisor denied the allegations and raised several affirmative defenses including: (1) the area representative failed to provide the “Support Services” required under the area representative agreement, (2) the area representative violated the area representative agreement because its managing member engaged in repeated sexually harassing and inappropriate behavior directed toward franchisees and their employees, and (3) the area representative failed, after notice, to cure its performance deficiencies and breaches primarily in failing to provide the “Support Services” and then failing or refusing to hire a replacement general manager as required by the area representative agreement.
Representation of former star athlete and business partners in extensive negotiations and federal litigation concerning multiple franchises and ownership interests in franchisor’s parent holding company.
Representation of multi-state licensor and its president in state court action brought by licensee claiming that the licensor’s business arrangement constituted a franchise and that the licensor failed to comply with state and federal franchise laws.
Representation of foreign-owned franchisee in state court action brought against franchisor seeking to rescind the franchise agreement and to recover damages due to various violations of the Florida Deceptive and Unfair Trade Practices Act and the Florida Franchise Act, negligent misrepresentation, and fraudulent inducement.
Representation of restoration services franchisee in intra-franchise arbitration against a sister franchisee which continually infringed upon the client’s protected territory.
Representation of a domestic clothing manufacturer in a state court action brought by a distributor claiming that the manufacturer’s decision to cease selling its merchandise to the distributor following the request of another distributor that the manufacturer deal only with one distributor in a certain geographical area constituted an unreasonable vertical restraint on competition in violation of Florida’s antitrust laws.
Representation of a foreign manufacturer in state and federal court actions arising out of dispute over the termination of distribution arrangement for home security systems. Distributor requested and obtained from an arbitrator an interim order freezing the foreign manufacturer’s U.S. assets stored in a bonded warehouse facility. Distributor filed a verified petition in state court to confirm the arbitrator’s interim decision freezing the assets of manufacturer and also requested an emergency hearing to prevent the manufacturer from removing any assets out of the United States. Foreign manufacturer filed a federal declaratory judgment action coupled with a request for preliminary and permanent injunctive relief seeking to enjoin distributor from proceeding with the arbitration, which clearly exceeded the scope of the arbitration clause contained in the parties’ agreement.
Represented home improvement franchisor and chief executive officer in an arbitration action filed by a franchisee. Following termination of their franchise agreement, claimant brought an arbitration action seeking to rescind the franchise agreement they entered into, and to recover damages by alleging (1) respondents provided false and misleading information concerning historical and projected revenue and profitability of a franchise, and (2) respondents breached the franchise agreement. The franchisor filed counterclaims in the arbitration action against its former franchisees for unpaid invoices, unpaid royalties, and breach of contract.
Representation of home improvement franchisor in an arbitration action brought by franchisee seeking to rescind the franchise agreement and to recover damages by alleging: (1) franchisor failed to provide franchisee a Uniform Franchise Offering Circular, (2) franchisor provided false and misleading information concerning historical and projected revenue and profitability of franchise, and (3) franchisor breached the franchise agreement.
Representation of licensor and its president in federal court action brought by licensee claiming that the licensor’s business arrangement constituted a franchise and that the licensor failed to comply with state and federal franchise laws.
Representation of a business consulting franchisor in federal court action brought by franchisee alleging that the franchisor’s failure to take action against certain franchisees that were in noncompliance with franchise system standards constituted breach of contract, breach of the duty of good faith and fair dealing, and supported other claims because the franchisor failed to fulfill its obligations contained in the franchise agreement.
Representation of a packaging and shipping franchisor in state court action against franchisee related to the franchisee’s breach of its franchise agreement by failing to pay royalties and the franchisor’s decision to terminate the franchise agreement. Despite termination of the franchise agreement, the franchisee continued to operate and use trademarks, service marks, trade names, and trade dress, which infringed upon the rights of the franchisor in violation of law. The action involved claims for trademark infringement, false designation of origin, injury to business reputation and dilution, deceptive and unfair trade practices, misappropriation of trade secrets, and injunctive relief.
Representation of master franchisee for an office supply system in resolving disputes with Florida franchisees over issues involving system standards, training, system support, and royalties.
Representation of foreign national in negotiating a multi-unit area development agreement for quick-service restaurant franchise concept.
Representation of casual-dining restaurant franchisee in the purchase of a franchise unit and the acquisition of real estate for the franchise business.
Representation of a home improvement franchisor in the preparation of asset purchase and sale agreement to acquire assets of a franchisee.
Representation of a startup quick service restaurant franchisor in the preparation of all state-specific disclosure provisions and the drafting of all the contracts necessary to establish, protect, and enforce the franchised business relationship.
Representation of an investment company in the acquisition of a restaurant franchise system.
Representation of retail pharmacy franchisor in providing a full-service franchise legal compliance program that included the structuring, registration, and updating of franchise offering and disclosure documents throughout the United States.