Practice/Industry Group Overview
The statutory rights and responsibilities of franchises and dealerships vary from state to state. Add a layer of federal law – trademark and various federal distribution statutes and federal franchise regulations, and the need for knowledgeable, experienced counsel becomes all too clear. That’s why the Adams and Reese Franchise and Distribution Team focuses specifically on this area of law and why they are able to help franchisees and dealers of a variety of product lines.
If you have not reviewed your agreement for several years, laws have likely changed to protect your business from unlawful termination or trademark infringement claims, for example. If you are considering a new product line or franchise agreement, our attorneys can efficiently advise you and negotiate your contract to ensure an even-handed environment for both parties.
With both transactional and litigation experience in the representation of dealer and manufacturing interests, Adams and Reese attorneys are called at the beginning of contract negotiations as well as at the first signs of trouble to help achieve the clients’ goals – whether that be setting up a distribution network, or assisting dealers and franchisees establish or renew a fair relationship with manufacturer or franchisors. We have applied many creative approaches to ensure that a manufacturer’s good name is not misused and that a dealer’s livelihood is not taken away unlawfully or needlessly.
Adams and Reese has a dedicated litigation and appellate team who will fight as long and hard as necessary to meet your goals — including preventing unlawful terminations and obtaining damages for loss of business. Leveraging our knowledge in the automotive, construction equipment, transportation, IP, aviation and offshore industries, to name a few, we understand the value of various product lines and the names they carry.
Core Practice and Clients:
Representing regional auto and heavy equipment dealers to restaurant and convenience mart franchisees and providing counsel to international manufacturers, our primary areas of practice include:
Transactions: including review, drafting and negotiation of franchise and dealer contracts and other franchise documents such as the FDD. We also support franchises/dealerships’ business operations by advising our clients about their labor and employment contracts, health care and workers’ compensation agreements and ongoing financial transactions, including mergers and acquisitions.
IP Protection and Enforcement: advising in trade secret theft, confidentiality violations, non-compete agreements, antitrust litigation and investigation; patent, trademark and unfair competition litigation and copyright litigation.
ADR and Litigation: offering contract litigation as well as arbitration, mediation and civil procedures for business conflicts. This includes pre-litigation analysis and investigation.
Adams and Reese understands the high stakes of entrusting valuable inventory and brand names with the right strategic partners. We also have witnessed the fierce loyalty that longtime dealers show to their manufacturers and vice versa. Maintaining the health of these partnerships across state lines and the nation is our passion.