Lagarias & Boulter, L.L.P.
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Lagarias & Boulter L.L.P. has represented franchisees and dealers in hundreds of different franchise and distribution systems including:

Arco, Athlete’s Foot, Avis, Baskin Robbins, Blimpie's, Burger King, Century 21, Chrysler, Choice Hotels, Denny’s, Dominoes, Duxiana, Liberty Tax, Mail Boxes Etc., McDonald's, Quiznos, Sears, 7-Eleven, Service Masters, Snap-on Tools, Shred-it, Subway, 1-800 Radiator, and many more.

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Roberts/McKay v C.R. England

Latest Blog Entries.

Friday, September 30, 2011 7:13:26 PM
The Case for More, Not Less, Franchisee Protection
Current franchise laws and regulations do not go far enough to protect the interests of franchisees against often times overreaching franchisors.
Friday, September 30, 2011 7:10:28 PM
Support the Arbitration Fairness Act of 2009 (House Bill 1020)
Federal appellate courts continue to put their full weight behind arbitration and erode the flexibility of judges to set aside or at least limit one-sided arbitration schemes and results.
Friday, September 30, 2011 7:08:48 PM
Welcome to Franchisee Law Blog
Lagarias & Boulter, L.L.P. devotes itself to keeping up-to-date on issues important to the franchising community and to franchisees in particular.

FAQs - Answers

1. My franchisor has breached its agreement with me- now what?

If you feel that your franchisor has breached the agreement, it is important to obtain legal advice from an experienced franchise attorney promptly. Many franchise agreements contain shortened statutes of limitations which may be bar the bringing of a lawsuit if such a suit has not been filed within the permitted period of time. For example, if your contract says that any and all claims must be filed within one year of the date of discovering the breach, if you file one year and one day beyond that period, a franchisor will try to argue that you have “missed” the statute of limitations. And that your claim should now be dismissed.

Consulting an experienced franchise attorney will also allow you to determine the significance of the breach involved and plan the appropriate course. It may be, considering the nature of the breach involved, better to negotiate with the franchisor as opposed to filing a lawsuit. This is primarily a business decision but can be informed by the legal aspects of the dispute. The first thing to review is whether the breach is significant or insignificant. Significant breaches have the ability to detrimentally affect the operation and/or continued success or vitality of the business. Insignificant breaches, are breached that may inconvenience you or create headaches but are not likely to be detrimental to the business as a whole. An experienced franchise attorney can assist you in determining which category the alleged breach of contract falls into.

Once you have consulted with your franchise attorney with regard to breaches, then certain decisions have to be made. Depending upon the reasonableness and working relationship the franchisee has had with the franchisor, a decision about filing a lawsuit or trying to negotiate can be arrived at with adequate information. Often times, franchisors will negotiate and matters can be settled quickly and without a need for a lawsuit. In other cases, franchisors may play hard ball and not negotiate even over the slightest issues involving a breach of contract. In these cases, your franchise attorney can advise you best on how to proceed.