Alternative Dispute Resolution: Striving for Open Communication between Franchisor and Franchisee

Alternative Dispute Resolution Striving for Open Communication

At the beginning of every franchise relationship, even if everything starts on the best of terms, it is always important to think about how you might handle any issues that may arise.  If a franchisee later becomes disgruntled, how is your system prepared to respond? In the franchise context in particular, before jumping to expensive litigation, the franchisor should consider alternative dispute resolutions in order to find a resolution. As

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How Franchisors can Prove Irreparable Harm in an Uncertain Legal Landscape

How Franchisors can Prove Irreparable Harm in an Uncertain Legal Landscape

Ever since eBay, Inc. v. MercExchange, L.L.C.in 2006 and Winter v. Nat. Resources Defense Council, Inc.in 2008, the United States circuit courts appear to be split over whether a franchisor has a presumption of irreparable harm if trademark infringement exists when seeking an injunction.  In the years following these two cases, some circuits have decided to abandon the presumption altogether while some have kept it. Due to this circuit split

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Fisherzucker Ranked on Chambers USA

FIRM OVERVIEW: Fisher Zucker LLC is a full-service franchise law firm with a national practice dedicated almost exclusively to franchise, distribution and licensing matters. The firm has offices in Pennsylvania and New Jersey. Its franchise lawyers have extensive experience in pre-litigation counselling, litigation, arbitration and mediation in trademark infringement, non-compete, antitrust, collections, underreporting and encroachment claims. In business transactions, its clients look to the firm to overcome obstacles and close

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