Competition Law Specialists

Mulcahy LLP is a boutique litigation firm that provides legal services to franchisors, manufacturers, distributors, and other companies in the areas of antitrust and trade regulation, intellectual property and unfair competition, and franchise and distribution law. Our years of hands-on experience as former General Counsels and seasoned litigators provide us with the expertise to achieve our clients' business goals. Based in Southern California, we serve clients nationwide.

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  • Practice Areas
    Practice Areas
    Mulcahy LLP specializes in providing legal services to franchisors, manufacturers, distributors, and other businesses in the following areas ...

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  • Litigation
    Litigation
    At Mulcahy LLP, our attorneys have litigated over 100 trials to conclusion. Understanding that clients have different business and litigation objectives, we tailor our strategy.

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  • ADR Cases
    Arbitration
    We know success in arbitration requires substantial experience and sophistication as well as in-court litigation at the front-end and back-end of the proceedings.

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Mulcahy LLP Firm News



California State Bar Franchise Law Committee - Case Report - December 2014

Using The Doctrine Of Direct Benefits Estoppel To Enforce An Arbitration Agreement Against A Non-Signatory To A Franchise Agreement.

Considerations Before Modifying An Existing Franchise Agreement Under California Law

Generally, California Corporation Code § 31125 prohibits a franchisor from soliciting its franchisee to materially modify the existing franchise agreement without the franchisor first delivering to the franchisee an application for registration of the material modification – identifying the proposed modification – either 5 business days before execution of the binding modification, or containing a statement advising the franchisee that it can rescind the agreement to the modification by written notice to the franchisor within 5 business days after the date of execution. . .

California State Bar Franchise Law Committee - Case Report – November 2014

Frango Grille USA, Inc. v. Pepe’s Franchising Ltd., Business Franchise Guide (CCH) P 15,390 (July 21, 2014)

Selectively Enforcing Franchise Agreements

The contractual rights and responsibilities of the individual franchisees in a particular franchise system are generally uniform throughout that system. The franchisor achieves this homogeneity by (1) amending or supplementing earlier versions of its franchise agreement to reflect its current version of the document, and (2) requiring all franchisees to adhere to a single operations manual. Uniform obligations help instill consistency in the brand and simplify the franchisor’s monitoring and enforcement efforts.



  
  

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