Turning the Tide for Franchisees for 30 years

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Franchise Attorneys with a Positive Approach

Garner, Ginsburg & Johnsen, P.A. brings Wall Street smarts and Main Street common sense to you, the franchisee. The Smarts … The founder of our firm wrote the leading legal text on franchise law that more than a dozen courts have turned to for authority. The Common Sense … the firm has recovered more than $240 million for franchisees. The franchise lawyers at Garner, Ginsburg & Johnsen, P.A. are top graduates from the best law schools, but they speak in plain English. You deserve honest representation from lawyers with book smarts and common sense. You deserve the best.

OUR FRANCHISE LAWYERS

Garner, Ginsburg & Johnsen, P.A. franchise lawyers are based in Minnesota — with areas served including New York and New Jersey, and Colorado — stand out for their accomplishments. Our achievements, awards, and appointments include the following:

  • Author of the legal treatise on franchise law
  • 8-Time Rising Star by Super Lawyers Magazine
  • Published in the Franchise Law Journal
  • Editor of The Franchise Lawyer
  • Co-Author of Annual Franchise and Distribution Law Developments 2018
  • Legal Eagle selections by Franchise Times
  • Editor of The Franchise Desk Book
  • Experience in the hotel, food, energy, automobile, and medical industries
  • Avvo rating 10.0 Superb
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Areas of Expertise

Hotels

If you have been hit with a demand for liquidated damages, are plagued with your franchisor’s inspection or upgrade demands, or are struggling with encroachment, Garner, Ginsburg & Johnsen, P.A. franchise lawyers have the experience and expertise you need to face these challenges head-on.

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Restaurants

Our franchise attorneys have helped our restaurant franchisee clients overcome problems with arbitrary inspections, system changes, lack of support, and predatory encroachment, and are here to help defend your business and your rights.

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Craft Breweries & Distilleries

Thinking of starting your own craft brewery or distillery? Garner, Ginsburg & Johnsen, P.A., in partnership with Hop Law, offers dedicated legal services ranging from trademarking to business formation that are specially tailored to help these businesses thrive.

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Auto and Equipment Dealers

Our franchise attorneys have saved auto and equipment dealers from termination, battled industry consolidations that would eliminate entire lines, stopped the establishment of new points, and recovered damages.

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Buying a Franchise

Thinking about buying a franchise? It may be the biggest investment you ever make. Take a deep breath and get the experienced advice of our franchise lawyers before committing!

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Getting Out of a Franchise and Negotiating a New Agreement

We have helped scores of franchises get out of their contracts or change the terms of their agreements. While franchisees are often at a disadvantage in negotiating agreements or getting out of franchise agreements, we try to level the playing field.

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Breach of Contract

If your franchisor is not living up to its end of the bargain, you may be able to get out or get damages. Creative, aggressive thinking and rewarding solutions: that’s what we give you.

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Fraud and Misrepresentation

Fraud in the sale of franchises is so serious that the Federal Trade Commission and a third of states within the U.S. have singled it out for special treatment. Our team of franchise lawyers, based in Minnesota, love to track down and uncover franchise fraud. We have exposed and recovered damages for a wide range of franchise fraud matters.

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Termination and Nonrenewal

Getting a notice of termination or nonrenewal from your franchisor or supplier may be the worst event in the life of a franchisee or dealer. Our franchise attorneys have stopped terminations and nonrenewals all over the country in virtually every segment of franchising.

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Franchise Takeover

Outside investors are buying up franchise companies with the goal of increasing corporate income and reselling them at a fat profit. This strategy, sometimes called "strip and flip," squeezes that extra profit out of franchisees in unsavory ways. Is this happening to you? We can help.

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Franchise Associations

Getting a group of franchisees or dealers together is one of the most effective ways to solve common problems. Garner, Ginsburg & Johnsen, P.A., can help with all aspects of representing your group, whether you wish to proceed informally, form an association or already have an association that needs legal assistance.

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Experience

Franchise Attorneys to be Reckoned With

The franchise attorneys at Garner, Ginsburg & Johnsen, P.A. have over 30 years of experience fighting for the rights of franchisees and dealers throughout the country. With unparalleled skill and incomparable authority, the firm does more than win cases – it sets precedents. Don’t work with just any franchise law firm, trust the leading attorneys in franchise law: trust Garner, Ginsburg & Johnsen, P.A.

Real World Results

The franchise lawyers at Garner, Ginsburg & Johnsen, P.A. started in Minnesota and now lead the charge against the mistreatment of franchisees, producing groundbreaking decisions nationwide.

icon-courtGarner, Ginsburg & Johnsen has represented franchisees and dealers in over 250 systems

icon-quote“Garner, Ginsburg & Johnsen has so much intellectual horsepower.” — Chambers USA, 2016

icon-scaleOver $240 million won in settlements

icon-gavelSignificant  precedent-setting decisions

icon-flagGarner, Ginsburg & Johnsen has represented clients in states across the country

Recent Cases

Coraud v. Kidville: A Top Ten Franchise Case
2015

Can a franchisor lie to induce someone to buy a franchise and then get the franchisee to sign away any right to sue for fraud? It sure sounds wrong, and the Federal District Court in New York agreed with us: A franchisor cannot make a franchisee sign away fraud rights when the franchisor has committed fraud in violation of the New York Franchise Act. Franchise Times cited the case as one of the top ten cases of 2015, and the ABA showcased it at its annual Forum on Franchising.   Shortly after the decision, the franchisor asked us to sit down for settlement talks, and our franchisee clients left the meeting smiling.

Andersen v. Griswold: Bringing Franchisor Executives into Court to Answer for their Wrongs
2015

Franchisor executives, who often oversee and participate in wrongdoing, like to wash their hands of the dirt, and let the corporation take the hit in a lawsuit. Their thinking: “I was only doing my job; it’s the company’s fault.”   “Not so!” said the federal court in San Francisco in 2015, when it granted our motion to bring the CEO of our franchisor defendant personally in to court to answer for his wrongs. We found his signature on papers certifying that the Franchise Disclosure Document was accurate, when our clients claimed it was false.   The court said that was enough to require him to appear, in a precedent-setting decision that paves the way for franchisees to hold franchisor executives accountable.   A multi-party settlement followed the decision.

Home Court Advantage: Frango Grille USA v. Pepe’s Franchising, Ltd
2014

Our Los Angeles franchisee client faced a daunting problem: his franchise agreement said that any suit against the franchisor had to be brought where the franchisor had its home office – which was London, England! Worse, the U.S. Supreme Court had just handed down a decision upholding clauses just like this. What to do? Using our franchise law knowledge, we found a way around the clause and the Supreme Court decision, and convinced the federal judge to issue a landmark decision in 2014 allowing our client’s fraud and breach of contract case to proceed in California.

Award-Winning Expertise

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Testimonials

Elliot Ginsburg has been representing my edibles business in Minnesota since it became legal to sell low-dose hemp edibles. He’s been wonderful to work with and I would highly recommend him to other cannabis businesses. He is quick to respond and will email cannabis law updates that he finds are pertinent to my business.

-Ranelle Kirchner

I had the experience of working with Elliot twice over the past ten years in difficult and contentious situations against a formidable entity. Beyond his great knowledge of franchise law, his thoroughness and attention to detail, and his professionalism, what really stood out and impressed me most was Elliot’s legal advocacy that is second to none. I always felt I was in good hands and I can’t give a higher recommendation!

-Eric Kim

I cannot say enough good things about Elliot Ginsberg of Garner, Ginsburg & Johnsen, P.A. I retained Mr. Ginsberg in connection with a franchisee matter. Elliot is professional, thoughtful, intelligent, clever, fair and reasonable. His legal work is thorough and well researched and he takes extra precautions to verify factual information. He has the admirable ability of being calm and professional yet firm, even when met with less than professional behavior from opposing counsel. I spoke to many attorneys before deciding to go with Elliot and I know that I made the right decision. I would not hesitate to recommend Elliot (or the firm in general) to anyone needing the assistance of a franchisee attorney.

-Alyson Domoto

I had the pleasure of working with Elliot Ginsburg. He helped me renegotiate and revise a 10-year lease for my coffee shop. I was impressed with how thoroughly and promptly he addressed all of my concerns. He has amazing attention to detail and gave very thoughtful responses to my questions. He even came out to my shop multiple times to get a better understanding of my leasing situation. I would certainly work with him again or recommend him to anyone.

-Caitlin Shrestha

We consulted with Elliot Ginsburg to help us review and interpret the franchise documents and agreements before investing. He was incredibly helpful and knowledgeable in content and process as well as the legal implications of “common language.” His expertise was critical as we negotiated and maneuvered the process. I am so glad we found Elliot and the firm.

-Mark Mendel

Elliot Ginsburg (Garner & Ginsburg, P.A.) was a beacon of hope to my business/family at a time when our options appeared limited, and the likelihood of a satisfactory resolution seemed to border on the unlikely. He fought diligently and successfully for my rights as a small business-/Franchise-owner and was unwavering in his pursuit of a fair outcome.

Not only was Elliot able to defend my business from unjust accusations, but his calm and empathetic demeanor also offered emotional succor to myself and my situation. My family and I are eternally grateful for his service, and I hereby recommend Elliot Ginsburg (Garner & Ginsburg, P.A.) without reservation.

-Brandon Gruskiewicz

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