Basics Track: Franchise Litigation

Speakers: Andrew Bleiman, Managing Attorney, Marks & Klein; Alex Kelly, General Counsel, Kiddie Academy; Evan M. Sauda, Shareholder, Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC

Paper Presentation

If a franchise relationship is like a marriage, then relationship disputes are also part of the analogy. Litigation arises when the parties are unable to resolve their disagreements by themselves. This session will cover the lifecycle of a franchise action from start to finish. The panel will discuss important procedural considerations, typical claims and defenses, and practical strategies for optimizing your likelihood of success whether in settlement or trial.

The topics will include:

  • Pre-filing considerations
  • Forum selection and choice of law
  • ADR: mediation and arbitration
  • Common claims, defenses, and remedies
  • Discovery issues
  • Motion practice
  • Trial themes and strategies
  • Settlement considerations

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