Industries
Franchising and Distribution

Franchising and Distribution

Our franchise and distribution group provides counseling and litigation services to national and regional franchisors, manufacturers and suppliers. We have represented clients in a wide range of industries, including energy, food and quick-service restaurants, automotive, life sciences, convenience stores, and industrial automation. We provide advice and ongoing counseling to our clients about all aspects of their business, including drafting franchise, distribution and dealer agreements; legal and regulatory developments relevant to their businesses; international trade compliance; dealer and supplier negotiations and terminations; and business expansions.

We also represent clients as both plaintiffs and defendants in litigation arising out of their business operations. These matters have involved such issues as trademark infringement, covenants not to compete, antitrust claims, pricing claims, breach of contract, tortious interference with contract, and terminations and non-renewals. Our clients and the matters we have represented them in have been located in Connecticut, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Texas, and Wisconsin. Although we are often successful working closely with our clients to settle disputes, we have litigated numerous cases to verdict in bench and jury trials in both state and federal courts. In 2010, we litigated on behalf of Shell Oil the first franchise case to go before the U.S. Supreme Court in over 10 years.

Shipman's Antitrust lawyers counsel businesses and trade associations, proactively assisting them in anticipating and avoiding antitrust problems. We work with clients on antitrust issues in contracts of all types, including supply arrangements, joint ventures, franchises, and intellectual property licenses.

General

$5.5 Million Judgment for Client Following a Trial Involving Antitrust, Unfair Trade Practices and Breach of Contract Claims

In a case on the Connecticut state court complex litigation docket, the owner of a large gasoline terminal sued our clients claiming antitrust violations, breach of contract, unfair trade practices, misrepresentation, and breach of the implied covenant of good faith and fair dealing. All of the plaintiff’s claims were disposed of before trial, and the case went forward solely on our clients' counterclaim for breach of contract. After two trials and two appeals, the court awarded our clients $5.5 million in damages and attorneys' fees.

Twenty-four State Analysis of Franchise and Distribution Laws

We conducted an analysis of state and federal franchising and distribution and other laws applicable in 24 states to the franchisor's business relationship and furnished advice to a franchisor in connection with the expansion of its business into those jurisdictions.

Represented a Wisconsin Manufacturer in the Lawsuit Resulting in the First Comprehensive Analysis by the Connecticut Supreme Court of the Connecticut Franchise Statute

A distributor sued our client, a Wisconsin-based manufacturer, claiming their relationship constituted a franchise under the Connecticut Franchise Act. Following a three week trial, the court ruled that the relationship did satisfy the requirements of the statute. After a direct appeal to the Connecticut Supreme Court, the Court set out for the first time a detailed analysis of the statute and affirmed the trial court.