Franchisor/Franchisee Actions and Practices that Give Litigators Heartburn

Level: Advanced
Runtime: 92 minutes
Recorded Date: September 11, 2018
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  • The Inexperienced Franchisor
  • Franchisor/Franchisee Concerns
  • The Starry Eyed Franchisee
  • The Ostrich Franchisee
  • The Controlling Franchisor
  • Post-Termination Issues
  • The Competing Franchisee
  • Franchise Law Resources
Runtime: 1 hour and 32 minutes
Recorded: September 11, 2018


In this program, three expert franchise litigators will discuss particular actions and practices by franchisors and franchisees that may cause concern, and how to potentially avoid litigation down the road.

Every litigator has received a telephone call from a client or prospective client who has been sued and the facts appear to be against them. For example, a franchisee client who has been sued because it decided to take down the franchised brand and start operating a competing knock-off business, or a franchisor who has been sued because its sales director has been providing undisclosed financial performance representations for the past three years.

With the bad facts already set, these cases can certainly cause some litigators to scratch their heads and, in some instances, groan. So what could have been done differently before the litigation to avoid this situation? Having seen myriad issues that can arise in franchise disputes, franchise litigators are in a unique position to provide insight on action (or inaction) that a client might be considering and whether that client would be well-served to reconsider.

This program was recorded on September 11th, 2018.

Provided By

American Bar Association


Caroline B. Fichter

Bundy Law Firm

Caroline Fichter is an associate attorney with the Bundy Law Firm. Caroline represents clients in franchise and other small business matters. Caroline represents companies and individuals in litigation involving contract, franchise, real estate and tort law.

Prior to joining the Bundy Law Firm, Caroline worked as deputy prosecuting attorney for the city of Lake Forest Park, Washington. In addition to prosecuting misdemeanors in municipal court, she also represented the city in appeals in King County Superior Court and before the Washington State Supreme Court.

During law school, Caroline interned with the Honorable Joel Penoyar, acting Chief Justice, at the Washington State Court of Appeals for Division Two. She also represented Seattle University School of Law in national Moot Court and Dispute Resolution competitions.

Kristy L. Mamen

Dady & Gardner, P.A.

Kristy is a partner at Dady & Gardner, P.A., representing franchisees, distributors and dealers in disputes with their franchisors and suppliers. Kristy graduated summa cum laude in 2002 from St. Norbert College in De Pere, Wisconsin, and is a 2006 summa cum laude graduate of Hamline University School of Law. Kristy has been with the Firm since 2005. She contributed extensive research, writing and editing to the 2006 Annual Franchise and Distribution Law Developments, which was authored by Michael D. Joblove and Scott E. Korzenowski.

In 2009, Kristy spoke at the 32nd Annual ABA Forum on Franchising in Toronto, Canada on the topic of the “The Accidental Franchise,” a workshop that addressed the risks involved when an inadvertent franchise is formed. This year, Kristy spoke at the ABA Forum on Franchising on the topic of “Equitable Doctrines and Legal Principles Affecting Franchise Disputes: Res Judicata, Collateral Estoppel, Waiver and More.” Kristy is a former associate editor of The Franchise Lawyer, and was selected as a Minnesota “Rising Star” in 2011, 2012, 2013, 2014, 2015, 2016 and 2017. She is listed in the International Who’s Who of Franchise Lawyers. Kristy is admitted to practice in both state and federal courts in Minnesota.

Kerry L. Bundy

Faegre Baker Daniels

Kerry Bundy is a Partner at Faegre Baker Daniels LLP where she helps clients solve disputes around the globe, protect trade secrets and defend their franchises. She represents clients in trade secret litigation and counseling, franchise and distribution litigation, non-compete cases, international arbitration, and complex commercial litigation. Kerry has litigated in more than 25 states and conducted arbitrations under the ICC, AAA, ICDR, CIETAC and HKIAC Rules.

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