Practice Areas
  Business and Corporate
  Commercial Litigation
  Mediation, Arbitration and Dispute Resolution
  Franchise, Licensing, Dealership and Distribution
  Banking and Finance
  Employment and Professional Practice
  Real Estate and Construction
  Healthcare
  Estates, Trusts and Elder Law
  Intellectual Property,
Computer and Technology
  Transactional
 

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:

General Counsel for major automobile after-market franchisor. Responsible for franchise compliance, litigation and dispute resolution issues.
Representation of one of the largest restaurant franchisors in their franchise litigation.
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.
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.
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.
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.
Representation of multi-national pizza restaurant franchisor in matters to enjoin Trade Mark violations, counseling regarding franchise agreement compliance programs and defamation on Internet.
Representation in dispute involving national tax preparation service in matter related to renewal of franchise agreement and non-compete agreement.
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.
Defense of a multinational pizza restaurant franchisor in an action by a terminated franchisee alleging wrongful termination and tortious interference with contract with suppliers.
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.
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.
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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