Best Law Firms | Ranked By Best Lawyers | United States | Franchise law | Tier 1 | 2024

National Leading Franchise Law And Commercial Litigation Firm

Powerhouse Trial Lawyers And Strategic Problem-Solvers In Complex Business Disputes And Transactions

Protecting Your Business When Disputes Arise

Legal disputes and litigation or arbitration are sometimes inevitable when conflicts arise. When you need legal representation for your business, choose a law firm with extensive experience and skills that provides a personal touch in passionately defending your interests in and out of the courtroom.

At Zarco Einhorn Salkowski, P.A., our commercial trial lawyers are committed to providing superior legal service and dedication through responsive, effective, creative and efficient strategy, and problem-solving efforts tailored to fit your needs. We understand the importance of selecting a law firm that will best suit your business and protect your livelihood. Thus, we are dedicated to providing you with services tailored to your business and its particular legal business concerns.

Finding Solutions For Complex Matters

Companies face disputes for a variety of reasons. From partnership and joint venture disputes to class action cases and business torts, disputes can present critical business challenges. Whether you are dealing with contracts, contract drafting or disputes over fulfillment of a contract, or even complex business torts, you need an attorney who has the expertise and experience to give guidance to resolve disputes effectively. Without proper representation, you run the risk of ending up with far less than you deserve. Our firm is here to make sure that does not happen. Most of the time, your case is only as good as your lawyer.

The legal team at Zarco Einhorn Salkowski, P.A., has handled the most complex commercial litigation cases and has established a national reputation as a world-class commercial litigation firm with a niche in franchise law. What makes our firm stand out is the fact that we do not shy away from a challenging or difficult case. In fact, we thrive on that! No case intimidates us. Instead, we use our knowledge and resources to find solutions tailored for our clients.

Legal Counsel For A Variety Of Legal Concerns

Our commercial litigation attorneys regularly handle complex commercial litigation on a variety of topics, including but not limited to:

  • Commercial contract disputes
  • Franchise disputes in all areas
  • C-level employment disputes
  • Noncompete and nondisclosure disputes
  • Insurance litigation and disputes, including business interruption and loss of income
  • Debt restructuring and workouts
  • Secured transactions
  • Construction and real estate matters and disputes
  • Social private club membership disputes
  • Intellectual property and trademark disputes

Our dispute resolution practice has been successful in a wide range of claims and disputes in various state and federal courts throughout the country. These include cases heard at both the trial and appellate level, as well as arbitration and other manners of dispute resolution.

Tell Us More About Your Business Law Dispute

Our attorneys help business owners level the playing field against larger adversaries, providing an affordable key to the courthouse when necessary. Contact our office by calling 888-580-7844 or toll-free at 305-703-5058 to begin building a legal strategy for your business. You can also email us.


Video Table of Contents

What issues and disputes commonly give rise to franchise litigation?

Franchise litigation is considered a last resort in this law firm when seeking a remedy or relief for disputes between the franchisor and franchisee. The firm always endeavors to resolve conflicts through alternative methods before resorting to litigation. While methods such as face-to-face meetings, settlement conferences, or mediations are initially pursued, there are instances where these approaches are unsuccessful in achieving the desired remedy. In such cases, litigation becomes the ultimate recourse.

Litigation can encompass a broad range of legal claims. Declaratory actions may arise when there is disagreement over the interpretation of contractual provisions or the expectations placed on the franchisee. Breach of contract provisions may be invoked when one party fails to fulfill their obligations under the contract. The breach of the implied covenant of good faith and fair dealing is another aspect, where parties are expected not to interfere with each other’s ability to benefit from the contract. This is typically implied in most states but often tied to an express provision in the contract. Fraud claims, negligence claims, violations of statutory regulations, deceptive and unfair trade practices, as well as breaches of state pre-sale disclosure statutes are among the various claims that may emerge in franchise litigation. Additionally, certain states may have specific franchise relationship statutes, and violations of these statutes can lead to legal claims. The nature of the claims depends on the specific issues involved in each case.

What factors do you consider in deciding whether to file suit for breach of contract?

What advice would you give clients with regard to Arbitration versus Mediation?

Mediation, arbitration, and litigation represent distinct forms of alternative dispute resolution (ADR). In mediation, parties engage with a neutral facilitator, typically an experienced lawyer or retired judge, guiding them toward an agreement without making rulings. Litigation arises when disputes persist, leading to lawsuits, court involvement, and a comprehensive legal process overseen by a state or federal judge. Arbitration, viewed as a cost-effective and efficient alternative, involves a private arbitrator rather than a government-employed judge. However, concerns arise as arbitration may prove costly, and its provisions can mirror complex legal proceedings, limiting appeal options. The potential expense and lack of recourse in arbitration may disproportionately impact parties with limited financial resources.

Can I sue over a violation of the spirit and good-faith purpose of a contract?

There is no claim that justifies or will uphold a lawsuit solely based on the assertion that the spirit of the contract is not being followed. Good faith principles are considered when evaluating a potential breach of contract, but a claim of good faith and fair dealing typically must be tied to an express provision in the contract that addresses the issue. The spirit, or better termed as intent, of a contract is a factor that courts examine, especially when dealing with ambiguous provisions. If a contract is clear and unambiguous, there may be no need to delve into the spirit or intent. However, in cases where multiple interpretations are possible, courts may consider the testimony of witnesses to discern the spirit or intent of the parties when entering into the contractual relationship and what goals they sought to achieve for their mutual benefit.

What types of fraud have you seen in your practice?

I have encountered various types of fraud. There is active fraud, where someone makes a misrepresentation to you, knowingly providing false information to induce you to rely on it and act differently. This is a clear case of fraud. Additionally, there is fraud by omission or concealment, which is a form of passive deception. In this case, the party fails to disclose a known material fact. If you had known this fact, you would have acted differently, potentially choosing not to enter a business relationship or making different decisions.

A common occurrence in the franchise world involves situations where franchisees are not provided with the complete truth. Concealing important information or making exaggerated statements is unfortunately prevalent, as franchisors, at different maturity levels of their systems, may be eager to sell franchises and, in the process, make statements that are not entirely truthful. Efforts are being made to reduce such occurrences and ensure more transparency in the franchise industry.