Snell & Wilmer L.L.P.

  • Established in 1938
  • Firm Size 480
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Attorney Awards
About Attorney Awards

Franchise Litigation

Our Practice

Snell & Wilmer's retail and franchise group is experienced in representing franchisors (and at times franchisees) in courtrooms throughout the country. Our franchise attorneys handle not only mediation and arbitration proceedings, but also have litigated cases through trial and appeal in state and federal courts across the country.

Our Attorneys

Our franchise attorneys have handled a variety of disputes for numerous franchising clients in a variety of industries, including restaurant, fast food, hospitality, hotels, real estate brokerage and automobile dealerships. Our cases range from disputes with individual franchisees or dealers to matters affecting the entire franchise or dealership system. We have substantial experience with the issues that frequently arise in franchise litigation.

Our Experience

Examples of franchising disputes that Snell & Wilmer has handled include disclosure and fraud issues, contract disputes / breach of the implied covenant of good faith and fair dealing, territorial disputes and encroachment, exclusivity provisions, dealer/franchisees termination, tortious interference claims, miscellaneous torts, trademark/copyright infringement, Lanham Act, antitrust, labor and employment, environmental and bankruptcy.

Disclosure and Fraud Issues

  • Represented Arizona accounting firm in litigation over alleged negligent preparation of and misrepresentations in UFOC.
  • Defended franchisor in third-party fraud claims in California arising out of franchisee's allegedly fraudulent promotion of a commercial real estate investment.
  • Defended franchisor in third-party action brought in Hawaii based on alleged fraudulent conduct of franchisee.
  • Handled TRO/preliminary injunction hearing for franchisee involving franchise circular issues and failure of the franchisor to comply with the Uniform Act.
  • Handling litigation for Arizona franchisor arising out of problems in its UFOC, including resolving disputes with five franchisees that had failed from the outset.
  • Represented franchisor in Colorado fraudulent inducement claim arising from dealings with former franchisee.

Contract Disputes / Breach of the Implied Covenant of Good Faith and Fair Dealing

  • Defense of automotive manufacturer in California on claims arising out of refusal to approve a dealership transfer.
  • Prosecution and defense of actions in California and Pennsylvania to enforce franchisor's right of first refusal to purchase shares in 28 Pittsburgh area franchisee locations.
  • Prosecuting restaurant franchisor's claims against franchisee who sold his restaurant and buyer who operated it as a generic restaurant. Sued franchisee for breach of contract and buyer for trademark violations and tortious interference. Settled for cash payment plus the attorneys' fees franchisor incurred, together with buyer's agreement to completely de-identify and post signs re: lack of affiliation with franchisor.
  • Representation of several California franchisees in the hospitality industry against hotel franchisors on claims arising from breaches of the licensing agreement and UFOCs.
  • Defense of automotive manufacturer in California action alleging wrongful encroachment by neighboring dealers and unfair sales and pricing practices.
  • Represented various franchisors in temporary restraining order, preliminary injunction and forcible entry and detainer actions in Colorado state court.

Territorial Disputes and Encroachment

  • Prosecution of action in New Jersey Chancery Court on behalf of franchisor in connection with encroachment dispute between franchisees.
  • Representation of restaurant franchisor in termination litigation involving gaining possession of store and related personal property in Colorado state court.

Exclusivity Provisions

  • Defended (including obtaining summary judgment and an award of attorneys' fees) Seattle manufacturer of medical testing equipment in litigation brought by its Arizona dealer alleging that the manufacturer had violated the exclusivity provision in the dealer agreement by contracting directly with national chain retailers. Subsequently handled similar disputes with the manufacturer's dealers in West Texas/New Mexico and Maryland, averting litigation by negotiating new non-exclusive agreements with those dealers.

Dealer/Franchisee Termination

  • Prosecuted three separate pieces of litigation for ice cream franchisor to terminate franchisees while permitting franchisor to keep the stores and develop territory. Awarded attorney fees in each suit.
  • Representation of several regional real estate franchisees (in Washington, Oregon, Montana, Idaho, Texas, New Mexico, Kansas and Michigan) in termination litigation with the national franchisor. Franchisor ultimately purchased our clients' regional franchise agreements, with the parties arbitrating the issue of the fair market value for the regions.
  • Continuing representation of national franchisor (provision of business services concept) in actions to enforce post-termination contractual covenants, including non-compete and intellectual property provisions.

Tortious Interference Claims

  • Prosecution of action in federal court in Maryland on behalf of franchisor against competitor for wrongful interference with existing franchise relationship.
  • Defense of tortious interference case against ice cream franchisor. Settlement paid by the area developer pursuant to indemnification provision.

Miscellaneous Torts

  • Represented national hotel chain in multiple lawsuits against franchisees for failure to pay fees and for trademark infringement and defended counterclaims by franchisees.
  • Representation of national fast food chain in Nevada in various tort cases ranging from adulterated food and slip and falls to claims of racial discrimination in a place of public accommodation.

Trademark / Copyright Infringement

  • Prosecution of California action on behalf of franchisor to enjoin franchisee's use of franchisor's name and marks in a nationwide telemarketing scam.
  • Filed claims for franchisor against franchisees and others for wrongful use of service marks in connection with fraudulent international sales of government backed letters of credit.
  • Obtained judgment for fast food franchisor in two lawsuits against franchisees for trademark infringement and similar claims.
  • Various actions for copyright infringement on behalf of franchisor in Colorado state and federal courts.

Lanham Act

  • Prosecution of Lanham Act and related state law claims against California business that utilized famous name and marks of national franchisor.
  • Prosecution of Lanham Act and related state law claims on behalf of franchisor against former Montana franchisee who continued to use a domain name incorporating franchisor's name and marks.
  • Representation of national restaurant licensor in successfully pursuing Lanham Act and unfair competition claims. Adverse party was using the licensor's trademarks and other intellectual property in attempting to raise capital for new business venture.
  • Prosecution of Lanham Act and related Colorado claims for restaurant franchisor against franchisee who refused to stop holding himself out as authorized post-termination.

Antitrust

  • Defended ice cream franchisor against tortious interference/antitrust claim based on Tampa market. Settled for a walk-away.

Labor and Employment

  • Defended largest franchisee of national pizza restaurant franchisor regarding all employment disputes.
  • Obtained summary judgment for franchisor on allegations that one of its franchisees engaged in sexual harassment.
  • Defended cookie industry franchisor in a number of employment litigation matters including wage and hour, harassment and discrimination claims.
  • Prosecuted breach of contract claims on behalf of restaurant franchisors and defended franchisees' discrimination and retaliation counterclaims under Title VII and 29 U.S.C. § 1981.
  • Litigated unfair labor practices before the NLRB and the federal courts of appeals on the question of joint responsibility between franchisors and franchisees.
  • Defended large fast food restaurant chain in several EEOC charges for sexual harassment and age discrimination.
  • Defended fast food franchisee in ADA Public Access litigation regarding 30 restaurants.
  • Defended franchisor-owned hotel in multi-million dollar food borne illness litigation involving over 30 plaintiffs. Resolved case for less than defense costs.

Environmental

  • Participated in liability allocation mediations and represented one of the nation's largest oil companies in connection with defense of property damage, stigma and pollution liability claims related to historic operations of gasoline service stations.

Bankruptcy

  • Representation of western United States and Midwestern franchisees of national restaurant chain in Chapter 11 proceedings.
  • Representation of bond trustees in Chapter 11 proceedings for a national restaurant chain, including issues involving Franchise Area Development Agreements.

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Peer Reviews

4.8/5.0 (720 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Review for Mr. Robert Feinberg by a Judge on 05/03/13 in Civil Litigation

    Mr. Feinberg was in the public sector when he joined my firm in the early to mid 1990s. I was very impressed with him then and, when I left private practice to take the bench, I know that he continued to have an excellent reputation working at his pr... Read more

    Read more
  • 5.0/5.0 Review for Nathan Davis by a Managing Partner on 04/15/13 in Civil Litigation

    This is one of the best and most honest lawyers I have opposed in many years. He has talent beyond his years.

Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Diversity

Snell & Wilmer has a deep and longstanding commitment to developing, maintaining and fostering an inclusive and accepting environment rich in diversity. By hiring and retaining a diverse group of attorneys whose collective talents and creativity are drawn from a broad cross-section of backgrounds and outlooks, we enhance our ability to offer superior legal services to our clients.

To boost our efforts, Snell & Wilmer’s Attorney Development, Hiring, and Diversity Committees will ensure that the firm continues to value and promote diversity through focused hiring, development and community efforts.

Commitment to Students

Snell & Wilmer believes that its efforts to reach out to students at every level will increase diversity within the legal profession. Snell & Wilmer is committed to fostering relationships with students.

In our Phoenix, Tucson, Las Vegas, Salt Lake City, and Denver offices, Snell & Wilmer hires diverse law students as interns in connection with the firm’s support of area law schools’ diversity legal writing programs. Current diverse attorneys are involved with the selection of the students and in the administration of the program. The intern is assigned several written projects and receives feedback from assigning attorneys. The intern also is paired with mentors at the firm who coordinate social meetings with partners from various practice groups throughout the internship to assist in developing the intern’s understanding and exposure to various types of legal work. Interns also have opportunities to attend hearings, depositions, and meet clients.

For the past several years, Snell & Wilmer has led the efforts in Arizona for the American Bar Association Section of Litigation’s Judicial Internship Opportunity Program. This nationwide program enables diverse and economically-disadvantaged second-year law students to obtain a judicial internship during one summer. A large component of the program includes mentoring and administrative efforts to offer social activities throughout the summer. Snell & Wilmer attorneys participate in this program as mentors, as social programming coordinators, and as the lead contacts for questions from the Phoenix students.

As part of its focus on encouraging diverse students to pursue legal careers, Snell & Wilmer’s attorneys engage in multiple in-person activities with high school and elementary students. For example, Snell & Wilmer hosts high school students interested in a legal career and their families for a reception and tour of the firm. Additionally, attorneys attend career fairs at local high schools that have a major concentration of ethnically diverse students in an effort to encourage interest in a legal career. Snell & Wilmer also has partnered with a Phoenix elementary school to provide math and reading tutors and to invite the students for a day at the office.

Several attorneys also participate in the MentoRing program in association with the Hispanic National Bar Association and the Arizona State University Sandra Day O’Conner College of Law. The MentoRing program partners minority undergraduate and law students with practicing attorneys in an effort to provide multi-layered mentoring.

Snell & Wilmer’s Diversity Committee is working to establish and implement the Snell & Wilmer Pre-Law Program targeted at diverse undergraduate students. In 2009, the Diversity Committee implemented the LSAT Scholarship component of the Pre-Law Program and awarded three scholarships to diverse students to attend an LSAT preparation course of their choosing. The Diversity Committee looks forward to growing this program in 2010.

Commitment to Community

As a corporate member of the Diversity Leadership Alliance ("DLA"), Snell & Wilmer participates in promoting and furthering diversity in the work place by exchanging ideas regarding diversity initiatives with other businesses. Membership in DLA allows Snell & Wilmer to participate in monthly seminars focused on diversity topics.

Snell & Wilmer is also a signatory to the Colorado Pledge to Diversity. In 1993, as a result of the collaborative efforts of twenty-three Denver law firms, a plan was launched to significantly increase the number of racially and ethnically diverse attorneys recruited, hired and promoted by law firms in Colorado. These law firms signed a Pledge to Racial and Ethnic Diversity in Colorado Law Firms and meet regularly to determine the means in which to achieve the goals set forth in the pledge. Some programs and activities have been: (1) hiring a first-year diverse law student as a summer intern; (2) co-sponsorship of annual Diversity in the Work Place Reception; (3) award of four book scholarships to local diverse law students; and (4) sponsorship of the annual Rocky Mountain Minority Legal Career Fair.

Snell & Wilmer attorneys personally involve themselves with organizations dedicated to diversity, including Women Lawyers groups, Minority Bar Associations, and Human Rights groups dedicated to the LGBT community. Additionally, attorneys are actively involved with area volunteer lawyer groups and organizations that address legal issues affecting minorities and under-represented groups, including the Judicial Council Task Force on Racial and Ethnic Fairness in the Criminal and Juvenile System.

Commitment to Professional Development

All associate attorneys are provided with a Coach (mentor) to guide them through all stages of their associate careers - from first-year challenges to partnership consideration. Coaches are provided materials designed to support them in their role. Coaches are expected to check-in with associates on a regular basis and engage in discussions with the associate concerning firm culture and the practice of law. Coaches also are responsible for fostering connections with other partners throughout the firm and various practice groups. The firm encourages informal mentoring among its attorneys and promotes various social events, both firm-wide and practice group-specific, to develop and strengthen interpersonal relationships and relationships with families. Additionally, the Attorney Development Manager checks-in with attorneys to assess the firm’s efforts of inclusion and whether changes to the mentoring relationship are necessary.

Named for Snell & Wilmer’s first woman partner, the Mary Leader Women in Leadership Program aims to promote women inside and outside of the firm through events in each of our offices. Examples of past events include afternoon lunches, a spa day, networking events with clients, golf clinics, and an annual holiday party.

Commitment to Family

Snell & Wilmer is committed to providing our attorneys with a meaningful opportunity to balance professional and personal demands. The firm offers 12 weeks of paid maternity and paternity leave to attorneys for the birth or adoption of a child. The firm recognizes that, at times, attorneys may have family obligations or personal needs that may merit either adjusting or reducing their work schedules. As a result, the firm considers alternative work arrangements on a case-by-case basis. The consideration of proposals will take into account the needs of the attorney, the practice group, the firm, and our clients.

Domestic Partner Benefits are provided to same-sex couples of both attorneys and staff.

Additional Information

For additional information about Snell & Wilmer’s diversity programs, initiatives and efforts, please contact the Chairperson of Snell & Wilmer’s Diversity Committee, Monica Limón-Wynn.

 

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