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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.

Misleading Initial Investment Costs

The Federal Trade Commission and some state laws require franchisors to disclose the initial investment costs to potential franchisees. For example, the rules of the FTC and the New York State Department of Law regarding the contents of a franchise offering prospectus require a franchisor to disclose expenditures relating to:

  • Real property, whether purchased or leased
  • Equipment, fixtures, other fixed assets, construction, remodeling, leasehold improvements and decorating costs, whether purchased or leased
  • Inventory required to begin operation
  • Security deposits, utility deposits, business licenses, other prepaid expenses
  • Additional funds required to be expended by the franchisee before operations begin and during the initial phase of the franchise
  • Other payments that the franchisee must make to begin operations.

These disclosures do not always occur properly and accurately. When this is the case, it can cost the franchisee significant expense and even lead to the failure of the franchise unit.

If you feel that you were misled about the initial investment costs of a franchise, you may be able to take action. The lawyers at the New York law firm of Einbinder & Dunn, LLP, have extensive experience representing franchisees in litigation. Over the years, we have developed a nationwide reputation for effective and efficient legal counsel.

Depending on your situation, we may be able to file a lawsuit premised on the claim that the franchisor did not base its calculations on data relevant to the place where your franchise was located, that the data provided was outdated or that the data provided was intentionally falsified.

In fact, you may have more legal options than you know. However, the best way to ensure your ability to exercise a full range of options is to act quickly. Contact Einbinder & Dunn by filling out our contact form. You can also call 866-490-4909 or 212-391-9500 to speak with our attorneys and experienced support staff.

Contact an Attorney Now! We are available to answer your legal questions.
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