Franchise and Distribution Law

Helping franchisees, dealers, distributors, franchisors, and manufacturers assert their rights to protect and grow their businesses.

Our attorneys use a multidisciplinary approach to represent parties on all sides of the franchise and distribution law relationship. Having a working knowledge of the legal issues, motivating factors and goals of the parties allows our team to represent franchisees, dealers and distributors, or franchisors and manufacturers.

We engage in mediation, arbitration, litigation, and select transactional services to assist our clients to meet their goals. Issues we assist clients with include:

Franchisees, Dealers, and Distributors:

  • Franchise Disclosure Document and Franchise Agreement Review and Negotiation
  • Sales Fraud and Misrepresentation
  • Statutory Sales Violation Issues
  • Unfair Trade Practices
  • Breach of Contract
  • Territorial Encroachment
  • Advertising Fund and Coop Issues
  • Franchisor Policy Changes
  • Substantial Change in Competitive Circumstances Issues
  • Failed New Product Launch Issues
  • Direct to Customer Sales by Franchisors and Manufacturers
  • Pricing and Product Issues
  • Product Supply Issues
  • Franchise System Merger and Acquisition Issues
  • Franchisee Associations and Purchasing Coops
  • Multi-Unit, Master Franchisee, and Area Developer Issues
  • Renewal Rights
  • Franchise Transfers and Sales
  • Liquidated Damages
  • Wrongful Termination
  • In-term and Post-term Noncompete Provisions

We often represent individual franchisees, dealers and distributors. However, there are many occasions where other franchisees, dealers, and distributors in the same system are facing the same issues. In these cases, banding together as group to engage Eckberg Lammers often results in lower costs and a better result by providing a united front to the franchisor or manufacturer.

Franchisors and Manufacturers:

  • Fraudulent Sales Practice Claims
  • Statutory Sales Violation Claims
  • Franchisee Compliance Issues
  • Territorial Encroachment Claims
  • Renewals
  • Terminations
  • Noncompete Enforcement
  • Trademark Infringement by Former Franchisees
  • Accidental Franchises
  • Default and Termination Process Development
  • Rights of First Refusal
  • Franchise Sale Approvals
  • System Standards Enforcement
  • Franchisee Underreporting and Audit Issues
  • Critical Issue Risk Consultation

In addition to franchise and distribution law issues, we assist our franchise and distribution law clients in Minnesota and Wisconsin with ancillary issues including: general business and commercial litigation; business organization services; commercial real estate services; employment consulting, investigation, and litigation services; merger and acquisition services; and succession planning, estate planning, trust, and probate services.

Our Team Can Help

  • Keith Marnholtz

    Keith Marnholtz Civil, Municipal, & Business Litigation And Franchise & Distribution Law

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