Practice Areas & Industries: Beirne, Maynard & Parsons, L.L.P.

Practice/Industry Group Overview

Many of our lawyers have varied and extensive experience representing manufacturers and other businesses in franchise and distribution-related litigation, arbitration, and administrative hearings throughout Texas and nationwide. The relationships between manufacturers or other businesses and their franchisees are subject to complex and frequently conflicting state laws. Our lawyers are well versed in the complexities of product distribution laws and represent manufacturers in a variety of pre-litigation and litigation disputes, as well as non-litigated business negotiations and related advice. Beirne Maynard & Parsons also consults with clients on regulatory compliance issues. Examples of our representation and consulting in franchise and distribution matters include:

Allocation Disputes: We have defended manufacturers against lawsuits by franchises who allege that they have either been wrongfully refused allocations of specific products or been forced to accept allocations they did not want.

Commercial Litigation: Because of the size and complexity of their business activities, manufacturers are involved in litigation encompassing a host of contract disputes and business torts. Our lawyers have the technical knowledge and courtroom skills to represent our manufacturing clients in all their commercial litigation needs.

Compliance Auditing: Our lawyers audit and consult regarding a client's distribution and promotion process in the context of statutory, regulatory, and contractual schemes.

Filings and Licensing with State Agencies: We prepare and file various franchise disclosure documentation with state agencies.

Franchise Negotiation and Preparation: We draft and provide advice regarding the drafting or negotiation of franchise, area responsibility representation, sub-franchise, product addenda, and other related agreements.

Incentive Disputes: We have defended manufacturer incentive and bonus programs against franchisee allegations that these programs are in violation of controlling state laws.

Ownership Issues: We advise manufacturers on state prohibitions against owning, controlling or acting in the capacity of certain franchises in some jurisdictions, and handle litigation alleging that manufacturers own illegal franchise stakes.

Premises Liability: Our lawyers have defended various clients in premises liability actions, including injuries occurring at a franchisee's place of business.

Statutory and Contractual Indemnity: We have represented clients in pursuing or defending claims for indemnity pursuant to statute or contract, as well as defending a party's interest pursuant to indemnity.

Termination: We frequently advise manufacturing clients on efforts to terminate existing franchisees who have either failed to perform to satisfactory levels, or who have breached their franchise agreement through improper conduct or other actions. Our lawyers fully understand the termination standards spelled out by various state laws and are prepared to handle disputes through litigation or arbitration.

Territory/Encroachment: We represent manufacturers in lawsuits filed by dealers to prevent establishment of new dealer points or transfer of existing franchises to competing franchisees.

Over the years, our firm has represented numerous and diverse clients across a wide range of industries in the regional, national and international arenas. Some of the industries in which we have represented clients in franchise and distribution disputes or related issues include:

• Restaurant chains
• Gasoline and other retailers
• Health provider networks
• Motor vehicle distribution and retail