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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

Michael Einbinder will be participating in the African American Real Estate Professionals of New York, Inc. (AAREPNY) Breakfast Panel “Opportunities in Urban Retail” on February 16th 2012 at 8:00am. Click here for more information.

Michael Einbinder recently spoke at the New York Public Library’s Science, Industry and Business Library’s event “New Business Ownership Workshop” on January 17th 2012.

Julianne Lusthaus was a featured speaker for American Arbitration Association’s Best Practices in Franchise Arbitration webinar on December 13, 2011 at 1:30 – 2:30 pm EST.

Michael Einbinder recently presented a Continuing Legal Education program for Lawline.com through its online legal education service entitled “Franchising Under New York Law.”

Michael Einbinder and Terrence Dunn co-authored "A Franchisee's Guide to Franchisor Bankruptcy" which was published in the fall 2011 edition of the Franchise Law Journal.

Michael Einbinder was a presenter of a program entitled “Anatomy of a Franchise Lawsuit” at the American Bar Association's 34th Annual Forum on Franchising in October 19 - 21, 2011 in Baltimore, Maryland.

Julie Lusthaus spoke at the American Bar Association’s 34th Annual Forum on Franchising on the strategies and tactics every franchise lawyer should know on October 19 – 21, 2011 in Baltimore, MD.

Julie Lusthaus has been appointed to the American Bar Association’s Forum on Franchising 2011 Nominating Committee.

The ABA Forum on Franchising has just published a Franchise Litigation Handbook and Michael Einbinder is an author of a chapter on discovery in franchise litigation.


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Einbinder & Dunn, LLP New York Office 104 West 40th Street, New York, NY 10018 : Phone: 866-490-4909
212-391-9500  : Fax: 212-391-9025 : E-Mail Us : New York Law Office

Einbinder & Dunn, LLP New Jersey Office 159 Millburn Ave., Millburn, NJ 07041 : Phone: 866-490-4909
973-921-2000  : Fax: 973-921-2929 : E-Mail Us : Millburn Law Office