Zarco Einhorn Salkowski, P.A. focuses on complex commercial litigation and business trial law, with a longstanding emphasis on franchise law matters. The firm represents individuals with businesses involved in significant commercial disputes and provides strategic legal counsel when conflicts arise. Our attorneys handle matters involving litigation, arbitration, mediation, and business transactions, working with franchisees, franchisee associations, dealers, licensees, distributors, and other commercial clients.
Many of the disputes we handle arise within ongoing business relationships and may involve issues such as:
- Breach of the implied covenant of good faith and fair dealing
- Encroachment or market cannibalization
- Breach of contract
- Fraud in the inducement, fraudulent concealment, and related claims
- Franchise Disclosure Document (FDD) disclosure violations
- Wrongful termination and claims involving liquidated damages
- Failure to renew franchise or dealer agreements
- Unreasonable conditions imposed during renewal
- System-wide operational or policy changes affecting franchisees or dealers
- Supply chain sourcing and pricing disputes
- Strategic legal guidance for evolving business challenges
- Disputes from significant non-compete agreements
Our legal team includes professionals with backgrounds in economics, banking, and accounting. This multidisciplinary perspective helps us evaluate both the legal and business dimensions of a dispute and develop practical strategies for our clients. The firm represents clients in commercial litigation and dispute resolution matters in state courts and U.S. federal courts, as well as through mediation and arbitration.
We regularly handle disputes and legal matters involving:
- Commercial real estate disputes and construction defect litigation
- Landlord-tenant conflicts
- Complex high-value C-suite employment disputes
- Franchising, corporate, and general business law transactions and disputes
Our attorneys also assist with the formation of new businesses and the review and negotiation of key agreements, including leases, purchase and sale agreements, confidentiality agreements, non-compete agreements, personal guarantees, franchise disclosure documents, and related commercial contracts.
A GLOBAL REACH:
The firm has represented franchisees, dealers, licensees, distributors, and more than 40 national franchisee associations across over 500 franchise systems throughout the United States. We have also worked with clients in Australia, South America, Europe, the Caribbean, and the Middle East. We recognize that the cost of litigation can discourage businesses from asserting their rights. As a boutique firm, we maintain an efficient structure that allows us to explore alternative fee arrangements tailored to the needs of a particular matter, including partial contingency structures where appropriate.
A HISTORY OF IMPORTANT CLIENTS:
Our past and current representations include franchisees involved in disputes with major franchise systems in industries such as hospitality, restaurants, automotive dealerships, and service businesses.
We have represented hotel franchisees affiliated with brands including Holiday Inn, Days Inn, Howard Johnson, Best Western, Ramada, and Quality Inn. Our work has also involved restaurant franchisees associated with brands such as McDonald’s, Burger King, Wendy’s, Dunkin’ Donuts, Arby’s, KFC, Church's, 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 others.
Additional representations have involved companies and franchisees connected with brands such as 7‑Eleven, Coca‑Cola, PepsiCo, Harley‑Davidson, Decorating Den, Oil Express, Camp Bow Wow, Carvel, Chevron, Hair Club for Men, Payless Car Rental, RE/MAX, Sotheby’s, Tutor Time, Wolfgang Puck, and ServPro. The firm has also represented franchisee associations for systems including Jack in the Box, Johnny Rockets, Little Caesars, 7‑Eleven, T.C.B.Y., Wood You Furniture, Roto‑Rooter, and Papa John’s.
More than 40 franchisee associations—including those associated with 7‑Eleven, McDonald’s, Subway, Home Instead, TCBY, Johnny Rockets, Little Caesars, Wood You Furniture, Roto‑Rooter, Papa John’s, Massage Envy, and Edible Arrangements—have sought counsel from our firm in matters involving complex commercial disputes or general business representation.
