POWERFUL ADVOCATES

Franchise, Distribution and Marketing Litigation

Representative engagements include:

  • defending a petroleum refiner and marketer against bad faith pricing claims brought by 12 franchisees who also seek to represent a nationwide class of franchisees
  • defending a major truck manufacturer against a lawsuit brought by a distributor for alleged violations of the Robinson-Patman Act, the Sherman Act, and Michigan and Ohio franchise acts, and prosecution of counterclaims in the same case for trade secret theft and copyright infringement
  • representation of national pizza franchisor in mass action by franchisees challenging practices requiring purchase of ingredients and supplies from franchisor
  • defending a medical device manufacturer in distributor termination litigation
  • defending a petroleum refiner and marketer against a claim that its offer of sale of the marketing premises to the franchisee violated the PMPA
  • representation of the world’s largest heavy-duty truck manufacturer against claims of fraud, breach of contract and allegations of violations of the Robinson-Patman Act, the Dealer Day in Court Act and Pennsylvania’s Board of Vehicles Act
  • defending a major truck manufacturer in a protest action before the Ohio Motor Vehicle Dealer Board challenging a dealer termination
  • defending a major automobile parts wholesaler against claims brought by competing wholesalers under the Robinson-Patman Act
  • advising a petroleum refiner and marketer about its litigation options in defending state law claims of bad faith pricing and common law breach of the implied covenant of good faith
  • successfully defending a TRO action in New Jersey against terminated distributor of a non-chemical, enzyme-based turf enhancer used by golf courses and private and public parks
  • defending an Italian wine company in distributor termination litigation
  • seeking an injunction on behalf of a petroleum refiner and marketer to eject a hold over franchisee and to stop it from doing business under the franchisor’s trade name and marks
  • seeking unamortized consideration and liquidated damages against a number of franchisees for their early termination of their franchise and supply agreements
  • prosecuting claims under the New Jersey Franchise Practices Act (NJFPA) by a distributor against a major automobile and automobile parts manufacturer
  • defending a former franchisee in non-compete action brought by former franchisor
  • counseling Japanese automobile manufacturer regarding U.S. law on a variety of issues and the scope of any limitations imposed by its dealer agreements and system on the client’s proposed a new vehicle introduction
  • undertaking an internal compliance review for a Fortune 100, multi-national conglomerate’s U.S. and European operations, including Robinson-Patman issues
  • advising a Fortune 500 computer manufacturer regarding distribution agreements and design of their distribution system
  • designing and implementing policies regarding resale pricing, advertising programs, internet resale, territorial and other restrictions
  • drafting distribution agreements for a nonprofit book publisher.