dcsimg Franchise and Distribution

Franchise and Distribution

McGuireWoods has a deep bench of lawyers who handle national and international franchise and distribution matters. Our clients range from start-up concepts to some of the nation’s largest franchise and distribution systems, which are active in many other countries as well. Our clients represent a broad spectrum of industries, including food service, hospitality, health and nutrition, automotive, petroleum, and real estate, among others. The Litigation and Dispute Resolution Team is made up of experienced trial lawyers who have litigated and arbitrated disputes in the areas of antitrust, trademark and trade dress infringement, misappropriation of trade secrets, advertising, and product liability, among others – some as nationwide class actions.

We recognize that clients assign varying values to the legal work performed by outside counsel, and we bring flexibility to each client relationship. We go toe-to-toe with any adversary in bet-the-company cases, and we develop innovative strategies and fee structures for smaller matters.

Clients expect us to know the law, but they also expect us to understand relationships. They frequently tell us that because we put their interests ahead of our own, we provide a level of client focus that exceeds their highest expectations. We make it a point to understand our clients’ businesses and their goals, and we do our best to help them make money, save money, and sleep better at night. Our “service mark” is unparalleled attention and effective response to our clients’ needs.

We are active participants in the International Franchise Association and the American Bar Association's Franchise Forum, and we are frequent speakers and authors on cutting-edge topics in franchise and distribution law.

CONTACTS

William B. Marianes Partner T: +1 404 443 5700
R. Eric Bilik Partner T: +1 904 798 2685
Gordon W. Schmidt Partner T: +1 412 667 7946
Howard Feller Partner T: +1 804 775 4393
Results 1-20 of 35
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

National specialty retailer

Represented a leading national specialty retailer in putative class alleging consumer fraud claims related to sale of dietary supplements.
Representative Matter

National specialty retailer

Representation of a national retail distributor of health and wellness products, in a defeat of class certification in an action brought by the plaintiff, alleging claims for breach of warranty, fraud, violations of the California Consumers Legal Remedies Act and violations of California’s Unfair Competition Law.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer in a class action lawsuit commenced by current and former California franchisees asserting claims for breach of contract, fraud and violation of California’s Unfair Competition Law.
Representative Matter

National specialty retailer

Represented leading national specialty retailer in a class action lawsuit commenced by franchisees. The franchisees alleged that our client had made pricing and promotional decisions which were allegedly prohibited by the terms of the settlement agreement which resolved a prior class action lawsuit filed by the franchisees.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer in litigation commenced by a New York franchisee asserting claims for wrongful termination, breach of the implied duty of good faith and fair dealing, fraud and violation of state consumer fraud and franchise laws.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer in litigation following the termination of a franchise agreement resulting from the franchisee’s sale of unapproved products.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer in litigation with a Georgia franchisee. Retailer asserted claims for breach of a covenant not to compete and violation of state trade secret law.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer in litigation commenced by several New Jersey franchises alleging violation of the New Jersey Franchise Practices Act, breach of contract, and breach of the implied duty of good faith and fair dealing.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer in three related putative class action lawsuits brought by retailer’s franchisees. The franchisees alleged that retailer breached the franchise agreement, engaged in deceptive trade practices and violated various state laws in connection with pricing and promotional decisions made by retailer and alleged competition by retailer with its franchisees.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer involved in an international arbitration in which a Mexico City franchise operator claimed that retailer and a master franchise operator encroached on its protected territory.
Representative Matter

Restaurant franchisor

Represented franchisor in dispute with holdover franchisee involving claims for harassment, defamation, unfair trade practices, theft of trade secrets, breach of contract, and infringement.
Representative Matter

Restaurant franchisor

Represented franchisor in dispute involving claims for trade dress and trademark infringement and violation of Georgia’s Uniform Deceptive Trade Practices Act.
Representative Matter

Real estate franchisor

Represented franchisor in dispute involving claims for breach of contract and infringement.
Representative Matter

Steel manufacturer and distributor

Assist steel manufacturer and distributor in successfully negotiating a collective bargaining agreement for the company.
Representative Matter

National speciality retailer

Representation of a national speciality retailer in a series of consumer fraud actions filed against it in connection with their marketing and sale of dietary supplements containing glucosamine and chondroitin sulfate. The judicial panel on multidistrict litigation ultimately transferred these cases for consolidated proceedings. The plaintiffs then filed a consolidated amended complaint, which we moved to dismiss. The judge entered an order dismissing the claims because plaintiffs did not show that all reasonable experts agree that studies on patients with osteoarthritis are a proxy for measuring the effectiveness of glucosamine and chondroitin in non-arthritic users.
Representative Matter

Publicly traded industrial supply company

Representation of a publicly traded industrial supply company in the acquisition of an Illinois-based provider of utility MRO and safety products, as well as rubber goods testing and certification services.
Representative Matter

A national speciality retailer

Representation of a national speciality retailer in the defense against model's claim of unauthorized use of his image. Plaintiff seeks more than $150 million in damages in California state court.
Representative Matter

Aftermarket undercar manufacturer/distributor

Representation of aftermarket undercar manufacturer/distributor in trade secrets suit. Received default judgment, including a grant of injunctive relief permanently enjoining the defendant from using any misappropriated trade secrets and enjoining the defendant from competing with our client for a period of three years in China and the United States. Our client was awarded compensatory and punitive damages, as well as attorneys’ fees and costs.
Representative Matter

Specialty packaged food product manufacturer

Represented specialty packaged food product manufacturer in negotiation and preparing distribution agreements with wholesale distributors.
Representative Matter

U.S. distributor

Represented U.S. distributor in distribution agreement for the United States with German manufacturer of vitamin and dietary supplement products.
Results 1-20 of 35
Results 1-25 of 41
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A. Carter Arey A. Carter Arey
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2241
F: +1 704 444 8818
vCard
Mary Dalton Baril Mary Dalton Baril
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1169
F: +1 804 698 2009
vCard
Eric Bilik R. Eric Bilik
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2685
F: +1 904 360 6304
vCard
Austin F Breen Austin F. Breen
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8963
F: +1 704 353 6198
vCard
Christian Brose Christian Brose
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2315
F: +1 704 444 8871
vCard
Kimberly Q Cacheris Kimberly Q. Cacheris
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8954
F: +1 704 373 8825
vCard
Michelle M Christian Michelle M. Christian
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1187
F: +1 804 698 2001
vCard
Pol Cools Pol Cools
Associate
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 16
F: +32 2 629 42 22
vCard
Patrick A De Ridder Patrick A. De Ridder
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +1 804 775 4369
F: +1 804 698 2221
vCard

T:+44 20 7632 1716
F: +44 20 7632 1638

Mehboob R Dossa Mehboob R. Dossa
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1627
F: +44 20 7632 1638
vCard
Kevin Duddlestein Kevin M. Duddlesten
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6419
F: +1 214 273 7484
vCard
Jason D Evans Jason D. Evans
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2050
F: +1 704 444 8774
vCard
Howard Feller Howard Feller
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4393
F: +1 804 698 2051
vCard
Douglas M Foley Douglas M. Foley
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

World Trade Center
101 West Main Street
Suite 9000
Norfolk, VA 23510-1655

T: +1 202 857 1720
F: +1 202 828 3301
vCard

T:+1 757 640 3715
F: +1 757 640 3957

Nancy J Fonti Nancy J. Fonti
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5738
F: +1 404 443 5674
vCard
Brad A Funari Brad A. Funari
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7988
F: +1 412 667 7976
vCard
Matthew Hall Matthew Hall
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 34
F: +32 2 629 42 22
vCard
Sara F Holladay-Tobias Sara F. Holladay-Tobias
Associate
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2662
F: +1 904 360 6317
vCard
Halima Horton Halima Horton
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5715
F: +1 404 443 5765
vCard
Matthew C Kane Matthew C. Kane
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8295
F: +1 310 956 3195
vCard
E. Lynwood Mallard E. Lynwood Mallard
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2313
F: +1 704 805 5075
vCard
William B Marianes William B. Marianes
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5700
F: +1 404 443 5796
vCard
Bill Mayberry Bill Mayberry
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2024
F: +1 704 444 8751
vCard
Yves Melin Yves Melin
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 26
F: +32 2 629 42 22
vCard
My Trung Ngo My T. Ngo
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2335
F: +1 704 353 6149
vCard
Results 1-2 of 2
Legal Alert

England & Wales Competition Law News

March 14, 2011
Results 1-2 of 2