Franchise and Distributorship Litigation Services
Philosophy. Vedder Price knows from its experience that franchise and distributor litigation is one of the most hard fought and important types of litigation facing the companies and individuals involved. For a company, the outcome may determine its ability to carry out its business plan across an entire franchise or distribution system, effect its ability to protect its substantial investment in a system wide network, or to keep its image, quality and service high across all outlets. The trademark or tradename is always at the heart of such litigation. The outcome is important not only to the participants but to all franchisees or distributors within the system. On the other side of the equation is often a franchisee’s or distributor’s entire life’s work or business. Litigation must be conducted in an atmosphere with all the sympathies that accompany the import of the case to all those involved.
Experience. Vedder Price provides national representation to franchisors and manufacturers and routinely defends them against claims arising from federal and state statutes and state common law. This includes claims brought under state and federal antitrust laws, the PMPA, state franchise and distributorship statutes, uniform acts, and business torts (e.g., fraud, defamation, tortious interference, account stated, unjust enrichment, and equitable accounting). Often times Vedder Price is called to defend against claims for emergency and preliminary injunctive relief in both federal and state court seeking to enjoin franchisors and manufacturers from exercising their contractual rights. Vedder Price’s experience in franchise and distributorship litigation is in addition to Vedder Price’s extensive commercial and intellectual property litigation practice on behalf of all commercial clients in areas such as breach of warranty, product liability, trademark/trade dress infringement, patent infringement, copyright infringement, theft of trade secrets, unfair competition, restrictive covenants premises liability and personal injury.
Knowledge Base. Vedder Price attorneys defend and advise franchisors and manufacturers in a wide variety of litigation and non-litigation matters. We know the theories of liability and the trends in litigation against franchisors and distributors in both federal and state court, as well as national and international arbitration. Whatever the action, there is a chance that we have experience in litigating the issue. Our experience and knowledge base results in efficient and effective representation.
Case Management. Vedder Price attorneys know the importance of case management, staffing and budgeting. We use effective case management information systems which allow us to share with our clients timely, accurate and detailed information about each pending matter. We routinely provide our clients with case management reports on pending matters and supplement those reports as necessary or more frequently if requested. Our cases are staffed to ensure effective and efficient representation. We also understand the importance of budgets and provide them at the outset of the matter, as well as updates on a quarterly, semi-annual and/or annual basis.
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