OUR BEST FRANCHISE RESULTS
Over the past three decades, the attorneys at Garner, Ginsburg & Johnsen, P.A. have built a reputation as some of the best franchise attorneys by helping hundreds of franchisees and dealers resolve their problems with their franchisors or suppliers.
Fraud and Breach of Franchise Agreement
Court grants rescission of franchise agreement in favor of franchisee. Our client, a franchisee of Bubbly Paws Franchising LLC, faced multiple franchise law violations by their franchisor, so we filed a lawsuit on their behalf. The court found that the franchisor made material misrepresentations, failed to disclose information required under franchise law, and breached its obligations under the franchise agreement. Our team obtained a judgment rescinding the franchise agreement, effectively nullifying it as though it had never been signed, allowing our client to operate independently outside the franchise system.
Stopping Terminations
KFC stopped in its tracks. A long-term KFC franchisee in New Jersey received notice from the franchisor that its franchise was not going to be renewed unless it tore down its existing store, found a bigger location, and built a new and expensive unit. But real estate was prohibitively expensive and zoning laws made installation of a new unit difficult. In fact, the existing unit was doing well. The franchisee contacted the best franchise lawyers at Garner, Ginsburg & Johnsen, P.A. before the non-renewal date came. Michael prepared papers to stop the non-renewal under New Jersey’s Franchise Act and served them on KFC. The next day, the franchisor backed down. The franchise was renewed and the franchisee continued operating in the same location.
Terex heavy equipment termination halted. Our client, a dealer in Terex heavy equipment in Pennsylvania, with operations in several other states, was faced with a termination notice from Terex that threatened the entire business. We prepared and filed papers for a temporary restraining order and preliminary injunction. The supplier, Terex, brought in a battalion of lawyers; the court held a two-day trial that culminated in the cross-examination of Terex’s executives. Result: the termination was enjoined and the business was saved.
Lund Boats’ plans to terminate get sunk. Our client, one of Iowa’s largest dealers in Lund Boats, got a surprise visit from the company: a hand-delivered notice of nonrenewal that said the dealership was ending on 30 days’ notice. We looked at the law carefully and concluded that Lund was a franchisor under Iowa and Minnesota law and that those laws prohibited Lund from attempting to terminate without good cause, prior notice and an opportunity to cure. After filing papers to stop the termination and engaging in intense documentary discovery and depositions, Lund backed down and allowed our client to continue as a dealer.
Life after dark. Our client, a real estate franchisee, was terminated for failing to pay fees. It turned out, however, that the fees were incorrectly charged. After engaging in negotiations with the franchisor, we were able to get the franchisee fully reinstated.
Uncovering Fraud and Recovering Damages
Our clients purchased franchises from a franchisor that boasted about its name recognition, special software, and wealthy investors. But when our clients went to open their franchise, they discovered that the “software” was nonexistent; our investigation found that the franchisor and its “investor” had been defendants in a number of undisclosed lawsuits; and there were in fact seven other companies claiming rights in the franchisor’s brand name. After a lengthy battle, the franchisor and investor settled, and our clients were made whole.
Negotiating Renewal Agreements
Our clients, a group of franchisees from around the country, were coming up for renewal. The franchisor’s new agreement would have imposed many costly requirements on our clients. Using various sources of leverage, we were able to drastically improve the new agreements and reduce the costs and requirements imposed on our clients.
Testimonial
Elliot Ginsburg has been representing my edibles business in Minnesota since it became legal to sell low-dose hemp edibles. He’s been wonderful to work with and I would highly recommend him to other cannabis businesses. He is quick to respond and will email cannabis law updates that he finds are pertinent to my business.
-Ranelle Kirchner
Testimonial
I had the experience of working with Elliot twice over the past ten years in difficult and contentious situations against a formidable entity. Beyond his great knowledge of franchise law, his thoroughness and attention to detail, and his professionalism, what really stood out and impressed me most was Elliot’s legal advocacy that is second to none. I always felt I was in good hands and I can’t give a higher recommendation!
-Eric Kim
Testimonial
Throughout my time overseeing a PE firm for the past 15 years, I’ve interacted with my fair share of lawyers. While most are decent, it’s rare to encounter those who are truly outstanding. I’m pleased to report that Elliot, Kirsten, and Erin fall into the latter category. My team found ourselves in a particularly complex situation, and Elliot and his team delivered the very best possible outcome for us. They exhibited professionalism, conciseness, and exceptional ease to collaborate with. They swiftly gathered all pertinent information surrounding our issue, assumed control, steering the situation while consistently seeking our input and guidance. If you have any issue with franchise law, you should call these guys. I’m so glad I did.
-Drew James
Testimonial
I cannot say enough good things about Elliot Ginsburg of Garner, Ginsburg & Johnsen, P.A. I retained Mr. Ginsburg in connection with a franchisee matter. Elliot is professional, thoughtful, intelligent, clever, fair and reasonable. His legal work is thorough and well researched and he takes extra precautions to verify factual information. He has the admirable ability of being calm and professional yet firm, even when met with less than professional behavior from opposing counsel. I spoke to many attorneys before deciding to go with Elliot and I know that I made the right decision. I would not hesitate to recommend Elliot (or the firm in general) to anyone needing the assistance of a franchisee attorney.
-Alyson Domoto
Testimonial
I was represented by Erin Johnsen dealing with a successful franchise closure and a lease termination. Erin was very responsive and thorough with both issues. Erin and I reviewed courses of action before moving forward. She listened and gave advice related to risk and exposure of the options we were reviewing. I alway felt that Erin had my best interest in mind when giving me advice on how to proceed. I wouldn’t hesitate hiring Erin again if required. I would recommend Erin as a competent and capable attorney.
-Steven Pierce
Testimonial
I had the pleasure of working with Elliot Ginsburg. He helped me renegotiate and revise a 10-year lease for my coffee shop. I was impressed with how thoroughly and promptly he addressed all of my concerns. He has amazing attention to detail and gave very thoughtful responses to my questions. He even came out to my shop multiple times to get a better understanding of my leasing situation. I would certainly work with him again or recommend him to anyone.
-Caitlin Shrestha
Testimonial
Erin Conway Johnsen helped guide us through a challenging situation with a newer franchise. She was patient with us, listened to our issues and was able to provide work that leveled the playing field with the franchisor. I would HIGHLY suggest her and her team for any challenging franchise situation.
-Paul Rakovich
Testimonial
We consulted with Elliot Ginsburg to help us review and interpret the franchise documents and agreements before investing. He was incredibly helpful and knowledgeable in content and process as well as the legal implications of “common language.” His expertise was critical as we negotiated and maneuvered the process. I am so glad we found Elliot and the firm.
-Mark Mendel
Testimonial
Elliot Ginsburg (Garner & Ginsburg, P.A.) was a beacon of hope to my business/family at a time when our options appeared limited, and the likelihood of a satisfactory resolution seemed to border on the unlikely. He fought diligently and successfully for my rights as a small business-/Franchise-owner and was unwavering in his pursuit of a fair outcome.
Not only was Elliot able to defend my business from unjust accusations, but his calm and empathetic demeanor also offered emotional succor to myself and my situation. My family and I are eternally grateful for his service, and I hereby recommend Elliot Ginsburg (Garner & Ginsburg, P.A.) without reservation.
-Brandon Gruskiewicz