A Reputation Of Success
The attorneys at Kaufmann Gildin & Robbins have a long history and record of success. Whether helping you draft franchising agreements or fighting for a business client in the courtroom, you can trust the team at Kaufmann Gildin & Robbins to fight tirelessly for the results you need.
Our law firm’s litigation record is replete with favorable results, even in “cases of first impression” involving issues or disputes never before heard or decided by the particular court in question.
Among some of our team’s litigation accomplishments:
Big Win For Hotel Franchisor Under the New Jersey Franchise Practices Act
For four decades, the New Jersey Franchise Practices Act created a near-permanent bond between parties. Following a 1985 Supreme Court ruling, franchisors were legally obligated to provide “infinite” renewals, regardless of the original contract’s expiration date. As long as a franchisee substantially complied with their agreement, the franchisor could not refuse renewal, even if the contract explicitly stated no such right existed.
Our attorneys broke this cycle for Holiday Hospitality Franchising. The court ruled that a franchisee’s decision to pursue a rival brand provided “good cause” for nonrenewal, and our attorneys successfully defended our client against claims of wrongful termination.
$50 Million Fraud Claim Settled For Almost Zero
Successfully defending one of the largest franchise fraud lawsuits ever commenced in this country, which sought over $50 million (plus interest and attorneys fees) from one of America’s largest guest lodging franchisors, its corporate owner and its chairman of the board (in his individual capacity). First, our litigators swiftly defeated two sets of franchisee motions for temporary restraining orders and preliminary injunctions. Then, toward the conclusion of the jury trial – and only because the judge suggested to the franchisee-plaintiff that it was headed for defeat and urged our team to offer some token amount just to close out this massive proceeding – the action was settled for an amount so paltry that, rounded to the nearest million, it would be $0.
Criminal Indictment Successfully Averted
Successfully intervening to avoid the criminal indictment of one of our nation’s largest “quick serve restaurant” franchisors over charges that by failing to enforce its franchise agreement, that franchisor became a criminal co-conspirator in its franchisee’s felonious conduct.
Influencing National Franchise Law
Serving as the International Franchise Association’s counsel in the filing of amicus curiae briefs in critical franchise-related proceedings around the country.
Lawsuit Dismissal Secured At New York’s Highest Court
Successfully obtaining the dismissal of a franchisee lawsuit against the chairman of the board of the Union Carbide Corporation -going all the way to New York’s highest court, the Court of Appeals, to do so in a record setting decision -while simultaneously eliminating so much of the balance of the franchisee-plaintiffs’ action through motions to dismiss that the case ultimately was settled in a manner most satisfactory to the client.
Summary Judgment Success
Eliminating through summary judgment all but one of the claims brought by a sandwich shop franchisee against its franchisor – and then settling the entire multimillion-dollar action for a paltry $55,000.
SEC Released Our Client
Successfully defending a Geneva-based securities broker whom the Securities and Exchange Commission accused of being the “ringleader” of a massive international “insider trading” scheme. Each of our client’s 32 co-defendants either had harsh judgments entered against them or consented in advance to the same, with large monetary penalties and, in the case of securities industry professionals, a vast amount of “downtime” (suspension from the business for a period of years). On the eve of trial, the SEC released our client – the last remaining defendant – who only had to pay a small civil fine, never admitted to any wrongdoing whatsoever and suffered not one minute of “down time.”
Successful Defense Of Franchisors
Successfully defending and obtaining dismissals of federal and state investigations of franchisors alleged to have engaged in fraud or violations of franchise laws (and other companies alleged to be “franchisors” who, in fact, were not covered by franchise laws at all).
Routine Protection Of Franchisor Assets Post-Termination
Routinely securing preliminary injunctions, judgments and ancillary orders necessary to shut down the operations of terminated franchisees; securing (when the contract permits) those franchisees’ locations, telephone numbers, client lists and inventory; and ensuring that the now-terminated franchisee abides by all pertinent covenants not to compete and never, ever utilizes its franchisor’s confidential information, systems and techniques.
Obtained A Defendant’s Verdict
Obtaining a “defendant’s verdict,” that is, a verdict completely absolving the defendant of all wrongdoing and releasing him, in a multimillion-dollar action brought against a very well-known entertainer whose one-man show on Broadway remains the longest running “straight play” in Broadway history – and who was sued for allegedly violating an agreement to present that show at another theater.
Recovered Millions For Investors
Recovering for investors each and every one of the almost $3 million they had been persuaded by one of New York’s largest brokerage houses to invest in an extremely arcane type of security. The brokerage house in question was shocked and our clients were thrilled, since 29 earlier proceedings complaining of the same investment, brought against the same brokerage house and represented by some of the most prestigious counsel in the country, all had been unsuccessful, with not a single penny awarded.
Summary Judgment Success
Eliminating through summary judgment all but one of the claims brought by a sandwich shop franchisee against its franchisor – and then settling the entire multimillion-dollar action for a paltry $55,000.