2017 Best Franchise Litigators

Apr 11, 2018 - Reformist Thoughts by |

2017 Best Franchise Litigators — USA By Jeffrey M. Goldstein   Over my 30 years of practice I’ve from time to time been asked by clients “if we hadn’t chosen you as our litigator, which lawyers would you have recommended that we had chosen to litigate our case?” Just again two weeks ago, during some dead-time during one of the prolific break-out sessions during Mediation for one of my clients, the issue was broached yet again. Interestingly, I had never provided a full and thoughtful answer to the question in the past. In addition, these clients wanted to know the best franchise lawyers ‘on both sides.’ For whatever reasons, prompted by that last Mediation discussion, I finally set about to list those litigators whose names I’d put on my personal informal list of ‘go to litigators’ for franchise and distribution. In preparing my information and non-scientific list I’ve used roughly the following criteria: (1) he or she has a minimum of 10-12 years in the franchise or distribution litigation ‘industry’; (2) franchise or distribution litigation (not franchise or distribution counseling or transactions) must predominate in his or her practice; (3) his or her ability and willingness to do battle in court are commensurate with their reputations; and (4) he or she participates in a full-time private practice. In essence, I have tried to informally distinguish between those who merely have prolific helpful professional ‘connections’ or ‘contacts’ in the franchise world (either within their law firms or in franchise corporations) and […]

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Seattle Hempfest and Las Vegas Hemp Festival End Franchise Agreement

Feb 27, 2017 - Reformist Thoughts by |

It appears that no post-termination restrictions on smoking pot will be imposed on terminated former licensee. It would have been interesting to see how a court might have applied the doctrine of unclean hands in any injunctive action. What is also notable in this dispute is that the business relationship between the parties, even though it was based on a non-traditional product, was hindered by a very traditional point of conflict between franchisors and franchisees selling more traditional products — “a differing vision of what a traditional “Hempfest” event should be, so we have amicably dissolved the licensing relationship to allow the Las Vegas event to follow its vision unhindered by the contractual agreements.” http://mjnewsnetwork.com/events/seattle-hempfest-and-las-vegas-hemp-festival-end-franchise-agreement/  

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Alternative Facts and Franchise Protection Legislation

Feb 15, 2017 - Reformist Thoughts by |

Alternative Fact: “Franchisees are happy with existing laws governing franchise ownership.” Passing state franchise relationship laws, which aim to protect many of the basic rights of franchisees and dealers that have been stripped from by the language of their individual franchise agreements, is a contentious, arduous and lengthy process. Indeed, even today, many states still do not have legislative protection for franchise owners in their states. See State Franchise Law Protects Franchisees Florida is the most recent state to begin the process toward enacting such franchise legislation. The Protect Florida Small Business Act (the “Legislation”), sponsored by Florida State Senator Jack Latvala (SB 750), claims that it will bring fairness to the relationship between corporations and the Floridians who own and work in franchise establishments. The Legislation was filed in the Florida Senate on February 7, 2017. View Bill Info The Legislation states that its intent “is to promote fair business relations between franchisees and franchisors and to protect franchisees against unfair treatment by franchisors.” The Legislation generally focuses on three areas including protection from unfair terminations of franchises, protection from unfair restrictions on transfers and sales of franchises, and protection from non-renewals of franchise agreements. As soon as the Legislation was announced, the usual adversaries in the franchise world dusted off their muskets, ran to the front lines, and began shooting. One franchisee advocacy group, the Protect Florida Small Business (“PFSB”), pointed out that industry-specific franchises in Florida were treated better than non-industry-specific franchises: “Florida laws already provide safeguards for […]

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