FRANCHISEE TENSIONS BUBBLE TO THE SURFACE
Author: Jonathan Maze
Publication: Restaurant Business
Zarco Einhorn Salkowski & Brito, P.A. is renowned for providing the highest caliber of legal services, expertise, and professionalism in the areas of franchisor/franchisee, manufacturer/distributor, automobile, truck and equipment dealer disputes, and complex commercial law including litigation, arbitration, and mediation in United States federal and state courts. The firm also has significant experience in related areas, including real estate litigation, landlord-tenant disputes, employment litigation and transactional matters relating to franchising, real estate and corporate and partnership law. Based in Miami, the firm has achieved national and international recognition in the area of franchise law by representing clients throughout the world including Mexico, France, Holland, Germany, Australia, New Zealand and the Caribbean.
Zarco Einhorn Salkowski & Brito, P.A. represents franchisees in disputes against major franchise systems in the hotel, restaurant, and service industries. Past and present clients include franchisees of Holiday Inn, Days Inn, Howard Johnson, Best Western, Ramada, Quality Inn, McDonald’s, Burger King, Wendy’s, Dunkin’ Donuts, Arby’s, Kentucky Fried Chicken, Tony Roma’s, Miami Subs, Pizza Hut, Johnny Rockets, T.C.B.Y., Haagen Dazs, Checkers, Rally’s, TGI Friday’s, Hard Rock Café, Fat Tuesdays, Little Caesars’, Jack-in-the- Box, Denny’s, Bonanza, Manhattan Bagel, Subway, Blimpie, Schlotzsky’s, 7-Eleven, Coca-Cola, PepsiCo, Decorating Den, Oil Express, Corner Bakery, Moe’s Southwest Grille, Coldstone Creamery, Carl’s Jr., Camp Bow Wow, Carvel, Chevron, Hair Club for Men, Domino’s, Papa John’s. Golden Corral, Naked Pizza, Papa Murphy’s, Red Brick Pizza, Payless Car Rental, Remax, Sotheby’s, Smoothie King, Steak & Shake, Tutor Time, Wolfgang Puck and ServPro, among many others.
Zarco Einhorn Salkowski & Brito, P.A. has been in the forefront of important franchise law issues, such as encroachment/cannibalization, breach of the implied covenant of good faith and fair dealing, fraud in the inducement, fraudulent concealment, and breach of contract, in addition to statutory violations of state and federal franchise laws. The firm has earned significant victories for franchisees and has established legal precedents which have paved the way for courts to understand the complexities of the franchise relationship.
The firm’s senior partner, Robert Zarco, is recognized as one of the nation’s top franchise lawyers and has provided expert testimony before various state legislatures including California (“Why Venue Provisions in Franchise Agreements Must be Void as a Matter of Law”), Maryland (“The Way to Bring Fairness to Franchising”), Arizona (“The Necessity of Franchise Legislation”), Connecticut (“The Benefits of Enacting Franchise Legislation”), and New York (“From Litigation to Legislation – Leveling the Playing Field Between Franchisees and Franchisors”). Additionally, Mr. Zarco travels nationwide presenting lectures on topics vital to franchisees and has appeared on radio and television programs, including CNBC “Minding Your Business,” CNBC “How To Succeed In Business,” PBS “Nightly Business Report,” “Your Financial Future with Jonathon Pond,” “The Judy Jarvis Show,” and CBS “Eye To Eye with Connie Chung,” to provide expert commentary on specific franchise cases, and franchising in general.
Mr. Zarco has represented several franchisee associations such as Johnny Rockets, Little Caesars, 7-Eleven, TCBY, Wood You Furniture, Roto-Rooter, and Papa John’s. Mr. Zarco has also published several articles including “Practical Aspects of Franchisee Representation; Alternative Dispute Resolution: Which Method is Best for Your Client,” “Know Your Legal Rights,” and “Tips for the Franchisee in Pursuit of the American Dream.”