Franchising and Distribution

The distribution of goods and services through the use of franchising and generally is a critical part of many businesses and can present a minefield of potential legal problems if not approached carefully and thoughtfully.  At Montgomery McCracken we have a skilled team of attorneys providing the full spectrum of services to manufacturers, distributors, franchisors, franchisees, retailers and others.

We counsel clients regarding:

  • registration and disclosure issues
  • franchise practices and franchisee protection statutes
  • preparation of licensing and other contract documents
  • real estate and environmental issues
  • antitrust
  • tax issues
  • product liability
  • intellectual property protection
  • labor issues
  • employment and benefits issues
  • bankruptcy
  • consumer protection issues and
  • civil rights matters

The Firm's considerable business litigation experience has included many of the difficult problems that face distribution businesses, including products liability, dealer or distributor health and safety issues, terminations, protection of trade secrets and confidential information, and antitrust issues.

Representative clients include:

  • McDonald's 
  • Jiffy Lube
  • Burger King
  • Arby's
  • Checkers Drive-In Restaurants
  • Pillar to Post
  • beer distributorships
  • automobile dealerships

Representative engagements include:

  • national franchisors, such as Jiffy Lube, Burger King, Arby's, and Checkers, in litigation with former franchisees over health and safety issues, defaults and terminations, labor and employment disputes and with regard to franchisee bankruptcies;
  • national franchisors in disputes with local taxing and zoning authorities;
  • several Pennsylvania beer distributorships in disputes with national importers over termination of distribution rights under the Pennsylvania Liquor Code;
  • regional automobile dealerships in defense of alleged antitrust claims;
  • distributors, franchisors and franchisees in disputes with former employees over restrictive covenants in employment agreements; and
  • advising franchisors, franchisees, and distributors in structuring operations and in acquisitions and divestitures of assets.

Montgomery McCracken has a long history of assisting businesses in structuring and managing their distribution relationships, from franchising to more traditional distribution contracts.  Should a client's needs require concentration in another area of the law, we have only to draw upon the skills and knowledge of the other talented attorneys within our Firm to provide the best possible guidance and representation.  We also have assembled client service teams with attorneys across the U.S. and overseas through our participation in the U.S. Law Firm Group.