Franchise & Distribution

Experience

We have successfully represented major distribution and franchise systems in industries that range from hospitality, timeshare, and real estate brokerage to consumer products, including appliances, food, beverage, furniture care, and personal care. Our clients have included nationally known manufacturers and franchisors, including major hotel companies, real estate brokerage franchisors, and restaurant franchisors, as well as manufacturers and distribution systems for household goods and consumer products.

Members of our team have received repeated national recognition from Chambers, Leading Lawyers, and other rating groups. Our lawyers have held leadership positions with organizations including the ABA Forum on Franchising and DRI’s Retail and Hospitality Committee. We write and speak regularly on franchise and distribution topics at conferences sponsored by the ABA, DRI, the International Franchise Association, and other major franchise and distribution groups and associations.

We provide strategic advice to clients on the structuring of transactions to protect and enhance their existing brands and businesses, as well as to launch new brands and initiatives. We frequently handle franchise transactions, including relicensing of franchises in connection with property sales and termination and release agreements. We also advise on system restructuring, supplier arrangements, antitrust issues, distributor or dealer disputes, brand launches, and other related issues.

In litigation matters, we have obtained favorable verdicts, judgments, arbitration awards, and other resolutions across the country on a wide variety of claims with system-wide implications. We also help our clients avoid and resolve litigation, whether on a classwide or an individual basis. Our work has helped our clients meet the challenges of consumer class actions as well as individual suits regarding terminations, system changes, contract rights, vicarious liability, trademark and trade dress protections, and data privacy.

Our successful representations of clients in franchise and distribution cases include:   

• Negotiated a favorable resolution to a contractual dispute and preliminary injunction issues for a major regional restaurant franchisor.
• Obtained a favorable settlement for a major hotel franchise system in a lawsuit alleging vicarious liability for serious injuries at a franchised location.
• Negotiated a favorable resolution to a contractual dispute with a sub-franchisor for a major regional restaurant franchisor.
• Obtained a favorable settlement for a major hotel franchise system in a lawsuit alleging vicarious liability for criminal conduct at a franchised location.
• Represented the franchisor of corporate training programs operating throughout the United States and internationally in various transactional and litigation matters involving termination issues, unfair competition, breaches of contract, and intellectual property.
• Represented the franchisee of an automotive product in New York, California, and Nevada in negotiations and litigation with its franchisor.
• Represented the franchisee of educational services programs in connection with franchise‑related operational and contractual matters.
• Represented beverage distributors in New York regarding their franchise and distribution rights under the New York Alcoholic Beverage Control Law.
• Represented Marriott International in franchise transactions, including the relicensing of franchises associated with the disposition of hundreds of hotels owned by Marriott’s franchisees since 2005.
• Successfully defended a franchisor in a lawsuit alleging vicarious liability arising out of an incident at a franchised location.
• Represented a franchisor in the buyout of a regional sub‑franchisor and related dispute‑resolution proceedings.
• Successfully defended a franchisor in injunction proceedings relating to the termination of a franchise site.
• Obtained summary judgment for a franchisor in a breach‑of‑license‑agreement case involving site termination.
• Represented Domino’s Pizza Group in acquiring franchise operations across the United Kingdom, Ireland, Iceland, Germany, Switzerland, Liechtenstein, and Luxembourg.
• Represented Choice Hotels International, Inc. (a NYSE‑listed franchisor with more than 7,000 franchise hotels) in matters involving hotel acquisitions, mezzanine financing, and joint ventures, including joint ventures with Och‑Ziff and Fillmore Capital Partners.
• Represented franchisors in lawsuits and arbitrations involving trademark protection, franchise terminations, breaches of franchise agreements, statutory claims, vicarious liability, and competition issues.
• Represented major hotel owners such as RLJ Lodging Trust, Capstone Development, and The Buccini/Pollin Group in negotiating franchise agreements and brand‑management agreements.
• Represented national and international food and beverage brands in their expansion into US markets through franchise and distribution structures.

Awards & Honors

• Best Lawyers® “Best Law Firms” – National Tier 1
  • Franchise Law (2012-2026)
• Best Lawyers® “Best Law Firms” – Metropolitan Tier 1
  • Franchise Law, Chicago (2013-2026)