On behalf of Garner, Ginsburg & Johnsen, P.A. on Wednesday, July 1, 2015. We are continuing the discussion from our last post about franchises and chains. There are some important differences that a business owner should consider before committing to one or the other. In our last post, we used a restaurant expansion as an […]
Learn MoreOn behalf of Garner, Ginsburg & Johnsen, P.A. on Saturday, March 28, 2015. When you sign a franchise agreement, you plan to uphold it, and you expect the franchisor to do the same. Unfortunately, franchisors sometimes breach the contracts they enter into with franchisees, and beyond annoyance, this can result in serious financial detriment to […]
Learn MoreOn behalf of Garner, Ginsburg & Johnsen, P.A. on Saturday, February 28, 2015. If you’re a franchisee, then you should be able to expect the franchisor’s pricing to have some rhyme or reason. You undoubtedly expect there to be some sensible formula, and you certainly don’t expect the franchisor’s mark-up on goods to be so unreasonably […]
Learn MoreOn behalf of Garner, Ginsburg & Johnsen, P.A. on Friday, August 22, 2014. In a decision that could expose franchisors and franchisees to increased liability, the National Labor Relations Board decided that a slew of complaints from workers’ organizations can name McDonald’s Corp. as a joint employer. In the past, restaurant franchisees have been identified […]
Learn MoreOn behalf of Garner, Ginsburg & Johnsen, P.A. on Wednesday, July 23, 2014. W. Michael Garner presented the franchisee point of view on franchisor mergers and acquisitions at the International Franchise Association’s Legal Symposium in May of this year. Pointing out that numerous franchisors recently have been acquired by private equity firms, he cautioned franchisees […]
Learn MoreOn behalf of Garner, Ginsburg & Johnsen, P.A. on Wednesday, July 23, 2014. A California federal court has handed a significant victory to our franchisee client, Frango Grille USA, Inc., in denying a franchisor’s motion to dismiss and allowing the franchisee’s lawsuit to proceed. The franchise agreement contained a “choice of forum” provision that required […]
Learn MoreFranchisees sometimes find themselves in the position that their agreements have expired, and yet they continue to do business with the franchisor as they always did. Sometimes franchisors offer official extensions of the agreement, but often they do not. This may leave the franchisee in a state of limbo. In a recent white paper we […]
Learn MoreOn behalf of Garner, Ginsburg & Johnsen, P.A. on Sunday, June 15, 2014. A federal court in Louisville, Kentucky handed our client a double victory in a recent dispute with YUM!, the parent company of KFC, Pizza Hut and Taco Bell. Our client, Janko Enterprises, sued YUM! and its subsidiary Long John Silvers for misrepresentations […]
Learn MoreW. Michael Garner is pleased to announce that Evan Sallee has joined the firm as Of Counsel. Evan graduated from Northwestern University School of Law in 2012. He served as a Senior Articles Editor for the Journal of Criminal Law and Criminology and was the Co-President of Northwestern’s chapter of the American Constitution Society. Evan […]
Learn MoreFranchisors tend to be overly wary of franchisees bringing lawsuits against them. As a result, franchisors frequently try to make franchisees sign “general releases” of any claims whenever they can. A general release is just what it sounds like: It is a document in which the franchisee releases the franchisor from any claims of wrongdoing […]
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