CONFLICT WITH FRANCHISEES

Franchise companies need to avoid conflict with their franchisees. Litigation, arbitration and legal fees are wasteful and expensive. Fighting with franchisees consumes a franchisor’s time, money and energy that could be spent on strengthening its business. Contact us if you are facing, or may potentially be involved in, claims by franchisees.

• Encroachment
• Unlawful Earnings Claims
• Unfair Competition
• Unfair Trade Practices including FTC Franchise Rule violations
• Breach of Franchise Agreement
• Inaccurate Franchise Disclosure Documents
• Wrongful Termination of a Franchise

When the fighting starts, the franchisor is often faced with numerous legal claims and allegations under state and federal law and regulation. The comprehensive regulation of the US franchise industry has armed franchisee-plaintiff’s lawyers with many weapons.

Plan to Avoid Disputes and Quickly Resolve Them When They Arise
We help franchisors design and implement systems to avoid franchisee disputes and to resolve them when they do arise. Franchisors know better than most business people the value of systems. Your operating system, your marketing program and your training system are the most fundamental assets that you have in a franchise company. Developing simple, sensible systems to deal with complaints, disputes, litigation and arbitration are as mission critical as any operating system. And yet most franchisors do not deal with conflict either prospectively or systematically.

Contact us for assistance in designing and implementing:

• Complaint Handling Systems
• Encroachment Policies
• Systems to Identify and to Assist Struggling Franchisees

Building a Dispute Resolution Culture
Franchisors need to develop a dispute resolution culture just like they develop a culture of building sales and profits. We can help institutionalize the building blocks of a dispute avoidance and resolution culture in your company by making you better at identifying problems and resolving them early. Let us show you the Tools to Build Your Dispute Resolution Culture.

When You Have to Litigate
If litigation or arbitration becomes necessary, the attorneys at Kern & Hillman, LLC provide the aggressive representation needed. Our experience in high stakes franchise litigation has equipped us well to help franchisors litigate successfully. Read more about what we can do Representing Your Franchise in Mediation, Arbitration and Litigation.

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