Case Studies

National Franchisee Putative Class Action Litigation

Kegler Brown defended a nationally known franchisor in putative class action litigation alleging RICO, Fraud and Antitrust Claims pertaining to various aspects of the franchise system. The lawsuit included claims related to product and service supplier arrangements, as well as marketing fees paid to the franchisor by product manufacturers and suppliers. We successfully prevented class certification, obtained the dismissal of most of the claims, and resolved the remaining litigation with a nuisance value settlement.

Comprehensive Franchise Counsel to Tanning Retailer

Our attorneys represent a national tanning retailer in all of its franchise operations in the U.S. Our attorneys have assisted them in remaining in compliance with federal and state requirements for the offer and sales of its franchised indoor tanning salons and advised the management team on instituting best practices for the franchise documents, sales processes and compliance operations that are critical to its growth strategy. We also actively enforce the company’s intellectual property and the fair use of its brand by franchisees throughout the country. This work is highlighted by regular negotiations with current and potential franchisees looking to purchase a new franchise, expand an existing franchise portfolio or negotiate a buy-out.