Honors and Awards

Rising Star by Super Lawyers Magazine, 2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020

Chair’s Award for Substantial Written Work or Presentation, American Bar Association Forum on Franchising, 2014

Appointed as Articles Editor of Franchise Law Journal

Elected to Board of Directors for Fair State Brewing Cooperative

Named on the 2021 Legal Eagles list for the FranchiseTimes Legal Eagles

Persistent

Franchise Lawyer Elliot Reed Ginsburg

Elliot Ginsburg practices in the area of franchise and distribution law. On behalf of his clients, Elliot has dealt with a variety of legal issues including fraud, breach of contract, statutory violations, and violations of the covenant of good faith and fair dealing. He has resolved numerous disputes between franchisees and franchisors and distributors and suppliers. He has helped clients recover damages, get out of franchise agreements, obtain releases from covenants not to compete, and cure alleged defaults.

Attorney Elliot Ginsburg is an editor of the Franchise Law Journal, has written several articles on franchising and distribution, presented at the American Bar Association Forum on Franchising, and was named a Rising Star by Super Lawyers Magazine in 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023 (limited to 2.5 percent of eligible attorneys in Minnesota). In 2024, he was selected to Super Lawyers and was honored as one of Minnesota Monthly’s Top Lawyers in Minnesota.

In his work with franchisees and distributors across various industries, Elliot has gained experience within, among others, the hotel, food, energy, automobile, and medical industries.

Elliot also provides representation to craft and micro-brewers, beer distributors and others in allied fields. He has published articles on the legal aspects of the beer industry.

At the University of Minnesota Law School, Elliot received his degree magna cum laude and was elected to Order of the Coif, a national honor society limited to the top ten percent of the law school class. In law school, Elliot was an Articles Editor of the Minnesota Journal of International Law and received the Best Brief award in his legal writing section.

Proficiency

Works Hard, Plays Hard

Elliot graduated from Carleton College magna cum laude where he participated in numerous intramural sports, including intramural inner-tube water polo. After graduating, he earned a Masters of Science with honors in International Relations from the London School of Economics and Political Science.

After returning to Minnesota, Elliot worked as a lobbyist for a non-profit organization, helping to reform Minnesota’s mortgage lending laws.

While working at Garner, Ginsburg & Johnsen, P.A, he has developed a broad range of experience helping clients achieve their goals.

Elliot lives in Minneapolis with his wife, Laura, their son Harold, and their dog, Bella.

Additional Qualifications

Learn more about Elliot R. Ginsburg’s extensive educational background and legal experience, in addition to his numerous publications.

Bar Admissions

Minnesota

Education

University of Minnesota Law School, Minneapolis, Minnesota
J.D. magna cum laude – 2010
Honors: Order of the Coif
Honors: Best Brief award
Law Journal: Minnesota Journal of International Law, Articles Editor

Carleton College
B.A. magna cum laude – 2005

The London School of Economics and Political Science
M.Sc – 2006
Honors: With Honors
Major: International Relations

Representative Cases

Frango Grille USA, Inc. v. Pepe’s Franchising, Ltd., 2014 WL 7892164 (C.D. Cal. 2014)(holding that franchisor could not require case to be brought in London, even though franchise agreement had provision requiring that)

Fantastic Sam’s Franchise Corp. v. FSRO Ass’n Ltd., 683 F.3d 18 (1^st Cir. 2012) (Franchisee Association had right to sue franchisor).

Lynch v. Math-U-See, Inc., 2013 WL 796531 (N.D. Ind. 2013) (upholding complaint for wrongful termination and breach of fiduciary duty)

Classes/Seminars

Protecting Your Brand, Cannabusiness Strategy Webinar Series, Blunt Strategies, June 16, 2020

National Business Institute CLE, Alcoholic Beverage Law, Contracts in the Alcoholic Beverage Industry, October 2019

Comparing State Laws on Medical and Recreational Marijuana: Policy Recommendations, Minnesota Association of Criminal Defense Lawyers, July 18, 2019

Annual Franchise and Distribution Law Developments 2018, American Bar Association Forum on Franchising

Playing by the Rules: Legal Matters Concerning Craft Breweries in Wisconsin and Minnesota, Midwest Craft Brewers Conference, August 1, 2016

New Overtime Rules and Breweries, Minnesota Craft Brewers Guild Annual Meeting, July 22, 2016

5-on-5: Five Problematic Provisions for Franchisees and Five Common Franchise Litigation Issues. State Bar of Georgia Franchise and Distribution Law Section, July 14, 2016

How Far Up the Ownership Chain Can Liability Go? , Franchise Investor Claims and Liability, with William K Whitner, Thirty-Eighth Annual Forum on Franchising, 2015

Representing Brewers and Distillers, Thirty-Eighth Annual Forum on Franchising: Solo and Small Firm Breakfast, 2015

Franchise Law: What You Need To Know, National Franchise Institute, September, 2015

Beneath the Surface: Three Areas New Brewers Need to Approach with Caution, with Erin Conway and Evan Sallee, Midwest Craft Brewers Conference, 2015

How to Ensure Your Franchisees Knock It Out of the Park, with Ronald T. Coleman, Jr., and Sarah A. Walters, Forty-Eighth International Franchise Association Legal Symposium, 2015

Prosecuting and Defending Against a Claim of Spoliation: High Stakes Discovery Tactics in the Electronic Age, Thirty-Sixth Annual Forum on Franchising, 2013

Professional Associations and Memberships

American Bar Association – Forum on Franchising

Minnesota State Bar Association

On the Board of Minnesotans for Responsible Marijuana Regulation

Publications

The TwinWest Chamber of Commerce’s Issues & Insights (Legislative Breakfast Series) Marijuana Legalization and Impact on Businesses, December 2019

Fraud by Omission: An Argument For Broader Disclosures and Renewed Enforcement, Franchise Law Journal, Vol. 35, No.1, Summer, 2015

How Far Up the Ownership Chain Can Liability Go? , Franchise Investor Claims and Liability, with William K Whitner, Thirty-Eighth Annual Forum on Franchising, 2015

Co-Author, How to Ensure Your Franchisees Knock It Out of the Park, with Ronald T. Coleman, Jr., and Sarah A. Walters, Forty-Eighth International Franchise Association Legal Symposium, 2015

Co-author, Minnesota Brewpub Distribution, with Erin Conway, Minnesota Beer, July, 2013

Prosecuting and Defending Against a Claim of Spoliation: High Stakes Discovery Tactics in the Electronic Age, Thirty-Sixth Annual Forum on Franchising, 2013

Co-author, Nailing the Blob of Mercury: Goodwill in Franchising, with W. Michael Garner, Franchise Law Journal, Vol. 33, No. 2, Fall, 2013

Co-author, Seismic Showdown: Franchisors craft language to make ‘going dark’ cost prohibitive, with W. Michael Garner, Franchise Times, March, 2011

International Franchise Association (2017), Author and Speaker: Best Practices for Ensuring Strong Settlements and Enforceable Releases

A Secure Handle on the Requirement of a Bond for a Preliminary Injunction, Franchise Law Journal, Vol. 31, No. 1, Summer, 2011

Medical Marijuana Franchising: A Half-Baked or Fully Baked Plan?, The Franchise Lawyer, Vol. 15, No. 3

Co-author, A Franchise Agreement Wish List, with Gary R. Batenhorst, The Franchise Lawyer, Vol. 17, No. 1

Testimonials

Elliot worked with our non-profit to help us achieve our Incorporated and 501c3 statuses. They spent hours working with us to help us to understand the status, the legal documents and requirements of starting a non profit. We couldn’t have achieved these goals without their guidance and partnership. We’re so grateful for Elliot and his partners.

-Barb Gettel

I called Elliot after he was recommended to me by a close friend who understands my business model. As a new franchisee and as someone who had never before met Elliot, I was admittedly a little intimidated by the prospect of calling an expert in my field, only to reveal my own lack of experience in my questions. But Elliot picked up immediately, and from the beginning of our conversation, I felt at ease. Elliot impressed me with his knowledge of the franchise, which comes as a byproduct of his being vetted for years by others like me. But what impressed me most was his demeanor; his style was professional but “laid back,” which is exactly the type of influence I needed at the time, and more importantly, he was a great listener. He absorbed and digested my concerns quickly and was able to guide me in a precise manner, delivering no more or less than I needed. I have called on him several times since, and I highly recommend him to fellow franchise owners.

-Mary Barbee

Elliot Ginsburg is the most amazing business attorney because of his strategic outlook. I highly recommend Elliot and his firm. Elliot Ginsburg and his firm will always be part of the Nothing But Hemp legal team.

-Steven Brown

Garner, Ginsburg & Johnsen, P.A. Law Offices

Elliot Reed Ginsburg