Matters
- Filed an amicus brief on behalf of the International Franchise Association in the United States Circuit Court of Appeals for the Eleventh Circuit advocating for application of the rule of reason standard to apply to antitrust challenges to “no hire” or anti-poaching clauses in franchise agreements.
- Structured franchise programs for 100+ U.S. / International franchisors and drafted franchise agreements, development agreements and disclosure documents and registered the same for numerous brands in numerous industries, including restaurants, health/wellness and consumer goods.
- Handled international franchise, distribution, transportation and manufacturing deals in 60+ countries with special emphasis on MENA, Asia, Mexico and Latin America, including development, acquisitions, sales, divestitures and related licensing and regulatory matters.
- Handled numerous lawsuits and arbitrations involving termination and non-renewal disputes, often involving injunction relief and enforcement of trademark, trade secrets, trade dress and enforcement of non-compete covenants, as well as challenges to system practices and standards.
- Advised independent franchisee association in the formation of prospective buying group involving over 1,000 franchised units and over $300 million in annual spend, including the structure of purchasing organization, forming corporate entities and preparing and negotiating agreements with franchisors, participation agreements with members, services agreements with procurement agent and supply, distribution and warehouse agreements with vendors and suppliers across multiple countries.
- Defended the franchisee of the exclusive rights in the United States and Canada of an international children’s amusement park concept in actions arising out of the Mexican-based franchisor’s attempt to terminate the franchise agreements. Obtained a preliminary injunction preventing the termination of the franchise agreement in the United States District Court for the Southern District of New York and thereafter handled the international arbitration before the International Chamber of Commerce.
- Structured transportation systems for Fortune 50 manufacturers, distributors and retailers, including home delivery/retail motor carrier, managed transportation, dedicated fleet, truck leasing and related fleet financing deals.
- Represented the International Franchise Association in a U.S. Department of Justice Investigation into the IFA’s activities concerning the widespread proliferation of anti-poaching provisions in franchise agreements. Ultimately, the DOJ opted not to bring any enforcement action against the IFA and filed Statements of Interest in two actions supporting the IFA’s position on such provisions’ legality.
