Franchise + Distribution

Mortenson Taggart Adams LLP’s franchise and distribution law practice group represents franchisors, distributors, manufacturers, sub-franchisors, and other license and distribution business models in litigation, arbitration, and dispute-avoidance counseling.

The attorneys in this practice group are recognized as leaders in the franchise law community and include a Certified Specialist in Franchise and Distribution Law by the California State Bar, Board of Legal Specialization. They have also been conferred titles such as: “Top Rated Franchise & Dealership Attorney” by Super Lawyers® Magazine, and “Franchise Times Legal Eagle” by Franchise Times Magazine and their peers. Our attorneys also hold or have held leadership positions on various franchise-specific committees and associations including the California Lawyers’ Association Franchise Law Committee (chair and vice-chair).

Among other areas, out franchise and distribution law practice group works with clients to protect and enforce:

  • Intellectual property rights, including know-how, trademarks, trade dress, trade secrets, and other proprietary and confidential information;
  • Franchise brand system standards;
  • Post-termination obligations contained within in franchise agreements and area representation agreements;
  • Brand goodwill following the dissolution of the relationship;   
  • Franchisor lease assignment rights and protections; and
  • The rights of franchisors under California’s Franchise Investment Law, Franchise Relationships Act, and other state and federal laws in litigation, arbitration, and in regulatory proceedings.

Our experienced lawyers are intimately familiar with state-specific franchise and relationships laws, disclosure and fraud issues, contract disputes and breaches of the implied covenant of good faith and fair dealing, dealer/franchise renewals, terminations, and transfers, territorial disputes, expansion and encroachment issues exclusivity and non-compete provisions, tortious interference and other intentional tort claims, trade secret, trademark and copyright infringement.

Most importantly, we work closely with our clients to develop and execute the right strategy to gain and maximize leverage no matter their situation.