Elliot Reed Ginsburg

Partner and Shareholder

LOCATION: Minneapolis, Minnesota
PHONE: 612-259-4800
FAX: 612-259-4810

Honors and Awards

Super Lawyers Rising Star

Rising Star by Super Lawyers Magazine, 2013, 2014, 2015, 2016

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Chair’s Award for Substantial Written Work or Presentation, American Bar Association Forum on Franchising, 2014

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Appointed as Articles Editor of Franchise Law Journal

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Elected to Board of Directors for Fair State Brewing Cooperative

Persistent

Elliot Reed Ginsburg

Elliot Ginsburg practices in the area of franchise and distribution law. On behalf of his clients, Elliot has dealt with a variety of legal issues including fraud, breach of contract, statutory violations, and violations of the covenant of good faith and fair dealing. He has resolved numerous disputes between franchisees and franchisors and distributors and suppliers. He has helped clients recover damages, get out of franchise agreements, obtain releases from covenants not to compete, and cure alleged defaults.

Attorney Elliot Ginsburg is an editor of the Franchise Law Journal, has written several articles on franchising and distribution, presented at the American Bar Association Forum on Franchising, and was named a Rising Star by Super Lawyers Magazine in 2013, 2014 and 2015 (limited to 2.5 percent of eligible attorneys in Minnesota).

In his work with franchisees and distributors across various industries, Elliot has gained experience within, among others, the hotel, food, energy, automobile, and medical industries.

Elliot also provides representation to craft and micro-brewers, beer distributors and others in allied fields. He has published articles on the legal aspects of the beer industry.

At the University of Minnesota Law School, Elliot received his degree magna cum laude and was elected to Order of the Coif, a national honor society limited to the top ten percent of the law school class. In law school, Elliot was an Articles Editor of the Minnesota Journal of International Law and received the Best Brief award in his legal writing section.

Proficiency

Works Hard, Plays Hard

Elliot graduated from Carleton College magna cum laude where he participated in numerous intramural sports, including intramural inner-tube water polo. After graduating, he earned a Masters of Science with honors in International Relations from the London School of Economics and Political Science.

 

After returning to Minnesota, Elliot worked as a lobbyist for a non-profit organization, helping to reform Minnesota’s mortgage lending laws.

While working at Garner & Ginsburg, P.A, he has developed a broad range of experience helping clients achieve their goals.

Elliot lives in Minneapolis with his wife, Laura, their son Harold, and their dog, Bella.

Additional Qualifications

Learn more about Elliot R. Ginsburg’s extensive educational background and legal experience, in addition to his numerous publications.

Bar Admissions

Minnesota

Education

University of Minnesota Law School, Minneapolis, Minnesota
J.D. magna cum laude – 2010
Honors: Order of the Coif
Honors: Best Brief award
Law Journal: Minnesota Journal of International Law, Articles Editor

Carleton College
B.A. magna cum laude – 2005

The London School of Economics and Political Science
M.Sc – 2006
Honors: With Honors
Major: International Relations

Representative Cases

Frango Grille USA, Inc. v. Pepe’s Franchising, Ltd., 2014 WL 7892164 (C.D. Cal. 2014)(holding that franchisor could not require case to be brought in London, even though franchise agreement had provision requiring that)

Fantastic Sam’s Franchise Corp. v. FSRO Ass’n Ltd., 683 F.3d 18 (1st Cir. 2012) (Franchisee Association had right to sue franchisor).

Lynch v. Math-U-See, Inc., 2013 WL 796531 (N.D. Ind. 2013) (upholding complaint for wrongful termination and breach of fiduciary duty)

Classes/Seminars
  • Playing by the Rules: Legal Matters Concerning Craft Breweries in Wisconsin and Minnesota, Midwest Craft Brewers Conference, August 1, 2016
  • New Overtime Rules and Breweries, Minnesota Craft Brewers Guild Annual Meeting, July 22, 2016
  • 5-on-5: Five Problematic Provisions for Franchisees and Five Common Franchise Litigation Issues. State Bar of Georgia Franchise and Distribution Law Section, July 14, 2016
  • How Far Up the Ownership Chain Can Liability Go? , Franchise Investor Claims and Liability, with William K Whitner, Thirty-Eighth Annual Forum on Franchising, 2015
  • Representing Brewers and Distillers, Thirty-Eighth Annual Forum on Franchising: Solo and Small Firm Breakfast, 2015
  • Franchise Law: What You Need To Know, National Franchise Institute, September, 2015
  • Beneath the Surface: Three Areas New Brewers Need to Approach with Caution, with Erin Conway and Evan Sallee, Midwest Craft Brewers Conference, 2015
  • How to Ensure Your Franchisees Knock It Out of the Park, with Ronald T. Coleman, Jr., and Sarah A. Walters, Forty-Eighth International Franchise Association Legal Symposium, 2015
  • Prosecuting and Defending Against a Claim of Spoliation: High Stakes Discovery Tactics in the Electronic Age, Thirty-Sixth Annual Forum on Franchising, 2013
Professional Associations and Memberships

American Bar Association – Forum on Franchising

Minnesota Bar Association

Publications

Fraud by Omission: An Argument For Broader Disclosures and Renewed Enforcement, Franchise Law Journal, Vol. 35, No.1, Summer, 2015

How Far Up the Ownership Chain Can Liability Go? , Franchise Investor Claims and Liability, with William K Whitner, Thirty-Eighth Annual Forum on Franchising, 2015

Co-Author, How to Ensure Your Franchisees Knock It Out of the Park, with Ronald T. Coleman, Jr., and Sarah A. Walters, Forty-Eighth International Franchise Association Legal Symposium, 2015

Co-author, Minnesota Brewpub Distribution, with Erin Conway, Minnesota Beer, July, 2013

Prosecuting and Defending Against a Claim of Spoliation: High Stakes Discovery Tactics in the Electronic Age, Thirty-Sixth Annual Forum on Franchising, 2013

Co-author, Nailing the Blob of Mercury: Goodwill in Franchising, with W. Michael Garner, Franchise Law Journal, Vol. 33, No. 2, Fall, 2013

Co-author, Seismic Showdown: Franchisors craft language to make ‘going dark’ cost prohibitive, with W. Michael Garner, Franchise Times, March, 2011

International Franchise Association (2017), Author and Speaker: Best Practices for Ensuring Strong Settlements and Enforceable Releases

A Secure Handle on the Requirement of a Bond for a Preliminary Injunction, Franchise Law Journal, Vol. 31, No. 1, Summer, 2011

Medical Marijuana Franchising: A Half-Baked or Fully Baked Plan?, The Franchise Lawyer, Vol. 15, No. 3

Co-author, A Franchise Agreement Wish List, with Gary R. Batenhorst, The Franchise Lawyer, Vol. 17, No. 1

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