Franchise Disputes

Franchise disputes are unique and our lawyers are uniquely qualified to handle these disputes. Our franchise team includes the only North Carolina lawyer to be designated a Certified Franchise Executive by the Institute of Certified Franchise Executives and the founding Chair of the North Carolina Bar Association Business Law Section Committee on Franchising. Manning Fulton’s franchise practice has been recognized by Best Lawyers as the top franchise practice in North Carolina. Manning Fulton’s lawyers maintain their broad knowledge in franchising and distribution law through their membership and participation in both the International Franchise Association and the American Bar Association Forum on Franchising. This technical knowledge combined with our practical experience assists us in representing clients in every stage of creating, maintaining and operating a successful franchise structure.

Our lawyers have thorough knowledge and experience to advise franchisors to comply with the regulatory framework applicable to franchises across all 50 states, the Federal Trade Commission Rules and many international laws. We also have experience prosecuting and defending “bet the company” litigation; trademark, copyright and trade dress disputes; non-competes; terminations; rescissions; renewals; royalty disputes; non-disclosure; fraud; and unfair and deceptive trade practice claims.

Depending on the parties, the franchise system, and the applicable laws and jurisdictions, we have the experience and knowledge to help our clients each step of the way. We can best assist when we are contacted as early as possible. We can help frame the dispute, investigate any claims or defenses, analyze the applicable laws and regulations, and determine the strategy to achieve our clients’ goals.

We always keep in mind our clients’ resources and goals in helping to pick the best strategy. There is no “one-size-fits-all” approach to franchise disputes. Frequently, franchise agreements and state relationship laws require written notice of disputes and pre-suit mediation. In other cases, and depending on the circumstances, our strategy may be to immediately file a lawsuit and seek an injunction in an appropriate jurisdiction or perhaps a more “friendly” approach of sending a demand letter or making a phone call.

We have extensive experience representing franchisors and franchisees in disputes. When it comes time to protecting your brand, your territory, your business or ability to earn a living, or your non-compete, we have the wisdom and experience to handle the case.

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