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Franchise, Licensing, Dealership
and Distribution
Daniel
Kaplan has been General Counsel for a major automotive
after-market franchisor. He has extensive experience in
all areas of franchising, licensing and dealership law.
Attorneys in our firm have represented clients
ranging from start-up franchisors and franchisees to some
of the largest and most innovative companies in the franchise
community. K&G blends real-world, practical business acumen
with a thorough understanding of what makes franchising a
unique legal environment. Experience, knowledge, talent and
a small firm setting allow us to provide efficient results
to clients while minimizing legal fee "sticker shock."
FRANCHISEE COUNSELING
K&G provides counseling to franchisees
to help them evaluate franchise opportunities and understand
their legal rights and responsibilities. K&G also provides
franchisees with a full range of contract and other business
transactional services, including business start-ups and organizational
structuring.
DISPUTE RESOLUTION
Through negotiation, mediation, arbitration,
and aggressively litigating in court, our attorneys have resolved
nearly every type of franchisor, licensor and distributor
dispute for small, medium and large franchisors, including
those involving registration and disclosure, franchise compliance,
termination, franchisee associations, vicarious liability,
encroachment, advertising funds, antitrust, tortious interference,
unfair competition, trade secrets and trademark protection.
Oftentimes, our firm is retained by franchisors to supervise
national franchise litigation and by other attorneys as local
Illinois franchise counsel.
COMPLIANCE
K&G understands that avoiding costly
litigation begins with a well-managed franchise compliance
program. To this end, K&G provides a complete range of
compliance auditing services, training and support to identify
and resolve problems at the earliest stages.
TRANSACTIONAL
K&G prepares all types of franchise
documents, including UFOC's, franchise agreements and leases.
The firm is often asked to revise documents prepared by others
to reduce litigation exposure, comply with new rules and regulations,
or to simply make the documents fit better with the franchisor's
way of doing business.
Examples of our work
in this area include:
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General Counsel for major automobile
after-market franchisor. Responsible for franchise
compliance, litigation and dispute resolution issues.
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Representation of one of the
largest restaurant franchisors in their franchise
litigation. |
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Litigation involving national
healthcare staffing company in arbitration and lawsuit
alleging breach of franchise agreement, breach of
covenant not to compete and conversion of trade secrets
by franchisor. |
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Representation of pizza restaurant
franchisors and management company in several litigation
and arbitration matters against its franchisees alleging
violations of franchise and management agreements,
the Illinois Franchise Disclosure Act, the Illinois
Trade Secrets Act, and the Lanham Act. Defended claims
brought against officers and directors alleging fraud,
misrepresentation and disclosure violations. |
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Representation of the sub-franchisor
of the New York territory of a national weight-loss
franchise in claims against the master franchisor
for violation of antitrust laws resulting form tying
arrangements with food suppliers. |
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Representation of Midwest purchasing
cooperative for international donut franchisor, its
officers and directors and franchisees in an action
to enjoin purchasing cooperative from supplying franchisees
with certain products, and for alleged breach of franchise
agreements. |
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Representation of multi-national
pizza restaurant franchisor in matters to enjoin Trade
Mark violations, counseling regarding franchise agreement
compliance programs and defamation on Internet. |
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Representation in dispute involving
national tax preparation service in matter related
to renewal of franchise agreement and non-compete
agreement. |
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Representation of a multinational
pizza restaurant franchisor in an action under the
Lanham Act to enjoin a terminated franchisee from
using client's trademarks, trade dress and proprietary
recipes and processes. |
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Defense of a multinational pizza
restaurant franchisor in an action by a terminated
franchisee alleging wrongful termination and tortious
interference with contract with suppliers. |
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Representation of a franchisor
in an action against a former franchisee and its shareholders,
in connection with violations of the restrictive covenant
and confidentiality agreements contained in the franchise
agreement, and the Illinois Trade Secrets Act. The
action arose when the shareholders of the former franchisee
corporation began to operate a business competitive
with the franchisor in the same geographic area covered
by the franchise agreement. |
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Representation of a franchisor
of specialty retail food stores in an action against
a current franchisee and related parties for breach
of franchise agreement, tortious interference and
violation of the Illinois Trade Secrets Act, in connection
with the operation of a competing specialty retail
food store within the area covered by the current
franchisee's in-term restrictive covenant. |
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Representation of a franchisor
of health clubs in an action against the publisher
of a fitness magazine concerning the breach of an
advertising agreement and related claims. |
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