Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson's trial attorneys have extensive experience representing hotel and other franchisors in litigation, mediation and arbitration of disputes with franchisees and other parties.

Representative Matters

• Represented worldwide hotelier in suit by a Mississippi franchisee and two guarantors, seeking money damages and a declaratory judgment that license agreement and guarantees were unenforceable. Obtained summary judgment on all of the plaintiffs' claims and a $1 million recovery on a counterclaim for franchise fees and liquidated damages.
• Represented nationwide hotel corporation in suit filed by putative franchisee seeking money damages because it was not allowed to open as a facility. Following bench trial, plaintiff's claims were dismissed and our client was awarded recurring fees, liquidated damages and attorney fees on counterclaim for infringement.
• Represented international hotel franchisor in suit by franchisee seeking money damages based upon franchisor's refusal to allow it to reopen a facility in a separate location after franchised facility was taken by eminent domain. Summary judgment obtained on all claims.
• Represented hotel chain in arbitration with former franchisee, seeking money damages for wrongful termination of franchise. The arbitrator found that franchise had been properly terminated because of recurring QA failures and non-payment of royalties and awarded liquidated damages to franchisor.
• Represented hotel franchisor in trademark and related contract suit against terminated franchisee.