areas of practice

Franchising & Distribution

As with other industry-based bodies of law, a unique set of statutes and common law has developed from the business franchise and distribution models used to market products ranging from gasoline to beverages. Greensfelder has been active in developing and representing this business model and our Litigation Practice Group has significant experience in helping clients across the country resolve disputes between franchisor/franchisee and distributor/manufacturer, in a cost-effective and timely manner.

Our attorneys are knowledgeable about the numerous general and industry-specific laws that regulate these business models. We are skilled in handling litigation and regulatory issues that arise under state franchise, distributor, or sales agency statutes, and the federal franchise disclosure act. We have litigated disputes under industry-specific laws such as the Dealer-Day-in-Court Act and Missouri Motor Vehicle Franchise Practices Act relating to motor vehicle retailers, the Petroleum Marketing Practices Act and Missouri Motor Fuel Marketing Act relating to gasoline retailers, and similar franchise practices and franchise disclosure laws relating to other franchise relationships. We are also experienced in handling related claims that often arise in such litigation, such as claims asserting breach of contract, breach of the implied covenant of good faith and fair dealing, and violations of the Uniform Commercial Code. Similarly, the attorneys in our Antitrust & Trade Regulation practice area have a wealth of experience with bad-faith, below-cost or discriminatory pricing claims, as well as more general claims of monopolistic or anticompetitive conduct, arising under federal and state law. And when franchise relations implicate intellectual property issues, such as unauthorized use of the franchisor’s trademark or trade dress, or misuse of its patented processes, the attorneys in our Intellectual Property Litigation practice group stand ready to assist our clients with those issues as well.

Although we primarily defend the interests of franchisors, we have, on selected occasions, also represented franchisees. Our attorneys are active in the franchise bar, frequently lecturing or writing on the subject.

Greensfelder’s Franchising and Distribution attorneys are experienced in handling all areas of franchise development and expansion on the transactional side of this practice. Their experience ranges from designing franchise programs and preparing Franchise Disclosure Documents (FDDs), to negotiating complex franchise agreements and structuring, negotiating and documenting financing arrangements for specific projects.  To learn more about these areas of our Franchising & Distribution Practice Group, click here.

For more information about our Franchising & Distribution litigation attorneys, please contact Dawn M. Johnson at (314) 516-2678 or dmj@greensfelder.com

Attorneys / Franchise & Distribution

 

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