Arbitration and Alternative Dispute Resolution
Mulcahy LLP has significant experience in commercial arbitration, representing manufacturers, suppliers, franchisors, distributors, franchisees, associations and individuals in a wide range of disputes arising out of transactions, investments, trade and other commercial activities in the United States. We have extensive experience arbitrating disputes in a wide range of industries and economic sectors, including motor vehicle, quick service restaurant (QSR’s), beer distribution, health care franchises, real estate franchises, business services distribution, home service franchises, food distribution, cleaning franchises, pet franchises, tutoring franchises, farm equipment distribution, health and fitness franchises, senior care franchises, tobacco distribution, restaurant franchises, DVD, video & gaming franchises, entertainment franchises, printer, copying & sign franchises, security franchises, mailing & shipping franchises, and vending franchises, among others. Our practice places particular emphasis on intellectual property licensing, trademark and copyright infringement, theft of trade secrets, franchise and distribution, and antitrust and unfair competition.
We are involved in all aspects of commercial arbitration, including drafting arbitration agreements, advising on best practices and strategy in structuring dispute resolution processes, representing clients in disputes, and going to court to confirm and enforce arbitral awards.
Related Articles
-
-
-
Dispute Resolution: Protecting the Franchisor
Keep your brand out of costly lawsuits. Despite the best intentions and bona fide efforts of reasonable clients, not every lawsuit is avoidable. Certainly not in these litigious times. Franchisors must be prepared to defend their companies wisely, tenaciously, and efficiently.
Read More >>>
-
Franchisors Beware: Ninth Circuit Case Gets Tested
In April 2007, a Los Angeles County Superior Court judge examined the reasoning in the Ninth Circuit’s 2006 opinion in Nagrampa v. MailCoups. Cold Stone confirms that California courts will be examining alternative dispute resolution clauses in franchise agreements more closely than in other states.
Read More >>>
-
-
IAG v. SANDERS
“Mulcahy LLP took a very serious claim against us and completely turned the tables,” said It’s A Grind CEO Steve Shoeman. “We could not be happier with the result.”
Learn More >>>
-
Mulcahy LLP Secures Arbitration Victory for Leading Franchisor
Mulcahy LLP, a leading antitrust and franchise litigation boutique in California, successfully litigated an arbitration proceeding against a franchisee on behalf of coffee house franchisor It’s A Grind. The firm secured dismissal of the franchisee’s antitrust and fraud claims, and an award of damages for the franchisor.
Learn More >>>
-
Mustard Franchise Corporation V. Yek, Inc
A recent arbitration proceeding litigated by Mulcahy LLP demonstrates the value of proactive arbitration in helping a franchisor terminate a difficult franchisee. As a result of arbitration, the delicatessen franchisor was granted the right to terminate the franchisee’s franchise agreement and to obtain possession of the franchisee’s restaurant.
Learn More >>>
-
-
-
Vallochia v. Cinque Amici LLC
(Orange County Superior Court; Judicate West, Orange County) the firm defended against claims brought by a member of an LLC against the LLC regarding the ownership of a popular restaurant and the rights and duties of the members of the LLC.
Learn More >>>
-
Budget Blinds, Inc. v. Lyle Hayman et. al.
(AAA, Orange County, California and United States District Court, Central District of California, September 2009), Mulcahy LLP was retained to file a demand for arbitration against defendants, former franchisees, as a result of their operation of a competing window covering business in violation of their franchise agreement.
Learn More >>>
-
Meyers v. Conehead Investments, Inc.
In Meyers v. Conehead Investments, Inc. (Los Angeles County Superior Court) the firm represented a Cold Stone Creamery franchise and prevailed on a cutting edge question regarding the enforceability of an arbitration provision in a franchise agreement.
Learn More >>>
-
-
-
-
-
Excessive Arbitration Fees Not Enough To Allow Franchisee To Avoid Arbitration
Last week, the California Northern District Court denied a franchisee’s request for a temporary restraining order – asking the court to enjoin the franchisor from arbitrating the parties’ dispute – because the franchisee’s anticipated injuries were limited to the substantial sums of money he would have to pay the American Arbitration Association, the arbitrator and others defending the arbitration. The court found that these expenses would not subject the franchisee to irreparable harm as is required for a TRO to issue.
Read More >>>
-
-
Closet Tailors, LLC v. Gary Neil Poisson
In Closet Tailors, LLC v. Gary Neil Poisson (JAMS, Orange County, January 2010), a former multi-unit licensee was in violation of his license agreements for: (1) failing to pay monies due to the licensor; (2) violating the noncompetition provision of the license agreements; and (3) failing to comply with the post termination provisions of the license agreements.
Learn More >>>
-
-
-
Fanfare Investments v. FS Concepts
(AAA, Los Angeles) the firm defended the regional franchisor for Fantastic Sams hair salons in Hawaii against the claims of a franchisee who alleged fraud and violation of the California Franchise Investment Law.
Learn More >>>
-
-
-
Hartmann-Lausanne, Inc. v. Hemocue
(Orange County Superior Court; JAMS Orange County) the firm tried the claims of a Texas distributor of medical products for unpaid post-termination commissions against the U.S. subsidiary of the Swedish manufacturer of the products.
Learn More >>>
-
IAG Coffee Franchise LLC v. Sanders
(AAA, Orange County, September 2008), It’s A Grind (“IAG”) coffeehouse franchisor terminated a franchisee’s franchise agreement for breaching the agreement. In response, the franchisee filed a lawsuit in Placer County Superior Court alleging fraud, violations of the California Franchise Investment Law, and price fixing in violation of the Cartwright Act.
Learn More >>>
-
-