Zarco Einhorn Salkowski & Brito, P.A. is a full-service Commercial and Business law firm that is nationally recognized as a leader in protecting and enforcing the rights of franchisees, dealers, licensees and distributors. Our attorneys have been at the forefront of important legal and operational issues and precedent-setting cases in both U.S. federal and state courts. These issues frequently arise in the context of ongoing relationships and include:

• Breach of the implied covenant of good faith and fair dealing
• Encroachment/cannibalization
• Breach of contract
• Fraud in the inducement,Fraudulent concealment and other types of fraud
• FDD disclosure violations
• Wrongful termination Claims for liquidated damages
• Failure to renew
• Unreasonable conditions of renewal
• Unreasonable system-wide changes
• Issues related to supply chain sourcing and pricing
• Forward-Thinking Legal Guidance

Our attorneys include former economists, bankers and accountants, allowing us to look beyond the legal issues to craft solutions that are practical, expeditious, creative, and highly beneficial to our clients. We also offer to our clients aggressive and highly professional legal representation in all forms of complex commercial law and dispute resolution, including litigation, mediation, and arbitration in both state and U.S. federal courts. We also have significant experience in related areas, including:

• Real estate litigation
• Landlord-tenant disputes
• Employment litigation
• Transactional matters relating to franchising, real estate, and corporate and partnership law

Our attorneys are also available to provide you with legal guidance before you purchase your franchise or dealership. In particular, we are available to carefully explain to you the terms of the proposed franchise or dealership agreement, review the franchise disclosure document (FDD) and to negotiate important revisions to protect your interests. We are also able to assist you in incorporating your business, and in reviewing and negotiating any ancillary agreements, including leases, purchase and sale agreements, confidentiality agreements, non-compete agreements and personal guarantees. 

A GLOBAL REACH:

Our attorneys have represented franchisees, franchise associations, dealers, licensees and distributors in over 500 different systems throughout most of the United States, and as far away as Australia, South America, Europe, the Caribbean and the Middle East. In the representation of our clients, we are very mindful of and sensitive to the significant costs and expenses that often prevent franchisees, dealers, licensee and distributors from enforcing and protecting their legal rights.Because of our boutique size, efficiency and focus, we are often able to avoid the burdensome hourly fee structure that typically defines the attorney-client relationship, and instead, designs customized alternative fee arrangements unique to each particular case, which may include, in many instances, results-oriented partial contingency fees. Such financial arrangements serve to align the interests of the clients and allow us to achieve the most expeditious and beneficial result possible in each case.

A HISTORY OF IMPORTANT CLIENTS:

Our past and present clients include franchisees in disputes against major franchise systems in the hotel, restaurant, vehicle dealership and service industries. Hotels we have represented include Holiday Inn, Days Inn, Howard Johnson, Best Western, Ramada and Quality Inn.  Restaurants we have represented include McDonald’s, Burger King, Wendy’s, Dunkin’ Donuts, Arby’s, Kentucky Fried Chicken, Tony Roma’s, Miami Subs, Pizza Hut, Johnny Rockets, T.C.B.Y., Haagen Dazs, Checkers, Rally’s, TGI Friday’s, Hard Rock Café, Fat Tuesdays, Little Caesars’, Jack-in-the-Box, Denny’s, Bonanza, Manhattan Bagel, Subway, Blimpie, Schlotzsky’s, Corner Bakery, Moe’s Southwest Grille, Coldstone Creamery, Smoothie King, Steak & Shake, Carl’s Jr., Papa John’s, Golden Corral, Naked Pizza, Papa Murphy’s, Domino’s, Fuddruckers, El Pollo Loco,Red Brick Pizza, and many more.  Other companies we have represented include 7-Eleven, Coca-Cola, PepsiCo, Harley Davidson, Decorating Den, Oil Express, Camp Bow Wow, Carvel, Chevron, Hair Club for Men, Payless Car Rental, Remax, Sotheby’s, Tutor Time, Wolfgang Puck and ServPro.Our firm has also represented Franchisee Associations such as Jack in the Box, Johnny Rockets, Little Caesars, 7-Eleven, T.C.B.Y., Wood You Furniture, Roto-Rooter and Papa John’s.