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Einbinder & Dunn, LLP is committed to providing high-quality, cost-effective solutions for all of its clients' legal problems. The partners and their experienced staff of associates take a hands-on approach to each matter. The attorneys are responsive and proactive, working only in each client's best interest to achieve superior results.

Franchise Encroachment Lawyers

Franchise Attorneys Representing Clients in Territory Disputes and
Claims

Franchise agreements govern virtually every aspect of the franchisor-franchisee relationship, including the issue of territorial encroachment on a franchisee's territory. Until recently, protections against franchise encroachment were a standard part of most franchise agreements. Increasingly, however, franchisors are severely limiting or refusing to grant franchisees such exclusive territorial rights altogether.

As a law firm with more than two decades of experience serving the legal needs of franchisors and franchisees alike, Einbinder & Dunn understands the dynamics of franchise systems as few other law firms do and is able to effectively protect the rights and interests of clients on either side of franchise encroachment claims. The firm prides itself on its commitment not just to understanding specific disputes, but to immersing itself in each client's business and industry so that the most effective and cost-efficient legal arguments and solutions can be uncovered.

Representative examples of the firm's experience with franchise territory (encroachment) claims include allegations that a franchisor has engaged in unfair competition by establishing a brick and mortar location for a competing business in close proximity to a franchisee, allegations that a franchisor has essentially stolen an existing franchisee's business by establishing a competing Internet website, and claims alleging that a franchisor has breached its obligation of good faith and fair dealing.

The firm spends a considerable amount of time representing franchise clients in state and federal courts throughout the country. It has substantial experience with alternative dispute resolution as well and is adept at arbitrating matters in various venues, including the AAA, JAMS, FranArb, the London Court of International Arbitration and others. The firm has also advocated for clients in mediation, whether court-ordered, contractual or voluntary.

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For questions or additional information about Einbinder & Dunn's franchise law services, please contact Einbinder & Dunn by clicking here to fill out a contact form or by calling 866-490-4909 or 212-391-9500 to speak with one of the firm's partners.

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News & Events

Two cases successfully handled by Einbinder & Dunn involving franchise agreement non competes are the subject of a story in the February issue of Franchise Times. To read the article click here

Michael Einbinder was a featured speaker at the event “Franchise Roundtable – Do’s and Don’ts of Franchisor FDD’s and Franchisee Compliance,” sponsored by Citrin Cooperman, a well established New York accounting firm with a franchise practice. The event took place on Thursday, February 7, 2013 at 5:30 p.m. at Citrin Cooperman, 529 Fifth Avenue (44th between 5th and Madison) 4th Floor, New York, New York 10017. Click here for more information.

Einbinder & Dunn recently prevailed on behalf of a former franchisee in the child care industry. The Franchisor sought to enforce a noncompetition agreement and the court ruled that the Franchisor failed to establish irreparable harm or the public interest element of its injunction application and denied the motion. Click here for more information.

Michael Einbinder contributed a chapter in the ABA Forum Publication entitled "Covenants Against Competition in Franchise Agreements," Third Edition, published in the Fall of 2012.

Julie Lusthaus spoke at a workshop entitled "Career Alternatives: Franchising - It's NOT Just Burgers & Fries," on November 13th, 2012. The workshop was held at Webster Bank, One N. Broadway, White Plains, NY 10604. Click here for more information: Career Alternatives: Franchising - It's NOT Just Burgers & Fries

Michael Einbinder was interviewed on “The Voice of Manhattan Business” presented by the Manhattan Chamber of Commerce. The subject of discussion was "Introduction to Franchising" broadcasted through BlogTalkRadio live on Wednesday, October 10, 2012, at 12:00 Noon. Click here to listen to the interview.

Michael Einbinder and Julie Lusthaus participated in the Manhattan Chamber of Commerce Event for Veterans on May 22, 2012. This event provided veterans with information about owning their own businesses and owning franchises in particular.

Einbinder & Dunn exhibited at the International Franchise Expo on June 15-17, 2012 in NYC. This Expo was intended to be one of the most comprehensive learning experiences about franchising to be conducted. If you are interested in obtaining more information about this event or franchising in general, please contact us.

Michael Einbinder has been named a Legal Eagle by franchise-industry publication, Franchise Times. The magazine bases this designation on peer recommendations and contributions to the franchise industry, such as writing for legal publications and speaking at franchise events. Michael has received this recognition for the last seven years.

Click here to listen to the interviewJulie Lusthaus was interviewed on WVOX 1460 AM by Marsha Gordon, President and CEO of The Business Council of Westchester about issues in franchising. Click here to listen to the interview.


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Einbinder & Dunn, LLP
104 West 40th Street, Floor 20
New York, NY 10018
Toll Free: 866-490-4909
Phone: 212-391-9500
Fax: 212-391-9025
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159 Millburn Avenue
Millburn, NJ 07041
Toll Free: 866-490-4909
Phone: 973-921-2000
Fax: 973-921-2929
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