Litigation & ADR

Litigation & ADR

Litigation & ADR

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Overview

BCLP'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.

Anthony J. Marks

Partner and Team Leader - Franchising, Los Angeles

+1 310 576 2162

Anthony J. Marks

Partner and Team Leader - Franchising, Los Angeles

+1 310 576 2162

Meet The Team

Anthony J. Marks

Partner and Team Leader - Franchising, Los Angeles

+1 310 576 2162

Related Practice Areas

  • Antitrust

  • Business & Commercial Disputes

  • M&A & Corporate Finance

  • International Trade

Related Insights

Insights
Dec 01, 2023

Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil

Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution) to reflect that. Instead, it is becoming an integral part of the dispute resolution process – one which is focussed on achieving earlier and less costly resolution over which parties have control rather than engaging in an often expensive, drawn-out dispute before the court with an uncertain outcome. Here we explore where its future lies and what this means for your business.
Awards
October 22, 2021

Chambers UK 2022

Related Insights

Insights
Dec 01, 2023
Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil
Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution) to reflect that. Instead, it is becoming an integral part of the dispute resolution process – one which is focussed on achieving earlier and less costly resolution over which parties have control rather than engaging in an often expensive, drawn-out dispute before the court with an uncertain outcome. Here we explore where its future lies and what this means for your business.
Awards
October 22, 2021
Chambers UK 2022