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Franchise, Dealer and Sales Representative Litigation

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Miller Canfield represents franchisors, master franchisees, and manufacturers from many industries in disputes involving franchisees, dealers, distributors and sales representatives throughout the United States and in Canada, who choose our team for our extensive experience and track record of success.

We engage with our clients and are committed to their success. We are known for our prudent and business-oriented approach to franchise litigation. Franchise and sales-representative disputes are often contentious and, at times, personal. Our team is skilled at managing these cases from start to finish, using negotiation and business acumen to avoid litigation before it starts and successfully trying cases when necessary. We are adept at navigating the intricacies of franchise relationships and, in the process, work to put our clients' business goals at the forefront.

Our experience includes:

  • Refiner-Dealer/Refiner-Jobber-Dealer Relationships

Brand and trademark infringement
Brand image issues, including C-Store activity (bath salts, contraband, etc.)
Breach of contract, including mystery shopper violations
City ordinance violations at dealer locations
Credit card processing disputes
Cross-hauling
Dealer eviction
Deed and other use restrictions (including franchisor and jobber restrictions)
Enforcement and collections of personal guarantees
Foreclosures
Fraudulent inducement
Improvement agreements and related claims
Jobber/dealer bankruptcy
Misbranding matters
Pre-termination negotiations and mutual cancellations
Price discrimination and overcharge claims, including Robinson Patman Act and open pricing terms
Uniform Commercial Code disputes regarding dealer tankwagon, jobber rack pricing
Product delivery claims
Product quality and dilution
Refiner to refiner sublicenses
State-based motor fuel dispensing services statutory requirements
Trade secrets, including claims under the Uniform Trade Secrets Act
Termination and non-renewal
Tortious interference claims

  • Termination disputes and counseling
  • Contract and compliance disputes
  • Encroachment disputes
  • Commission disputes
  • Protecting trademarks, service marks, and trade dress
  • De-branding litigation
  • Enforcing non-compete agreements
  • Antitrust and pricing disputes
  • Class and collective actions
  • Temporary restraining orders and preliminary injunctions
  • Enforcing agreements to arbitrate and confirming arbitration awards
  • Labor and employment disputes
  • Tort litigation including personal injury, vicarious liability, intentional torts, libel and slander (including social media issues)
  • Product liability and product warranty disputes
  • Insolvency and collection issues