Turning the Tide for Franchisees for 30 years
Take Back Control With Garner, Ginsburg & Johnsen
A Positive Approach
Garner, Ginsburg & Johnsen, P.A., brings Wall Street smarts and Main Street common sense to you, the franchisee. The Smarts … The founder of our firm wrote the leading legal text on franchise law that more than a dozen courts have turned to for authority. The Common Sense … the firm has recovered more cash for franchisees than any other franchise law firm in the country — more than $240 million. The franchise lawyers at Garner, Ginsburg & Johnsen, P.A. are top graduates from the best law schools, but they speak in plain English. Don’t you deserve some smarts and common sense? Don’t you deserve the best?
Areas of Expertise
If you have been hit with a demand for liquidated damages, are plagued with your franchisor's inspection or upgrade demands, or are struggling with encroachment, Garner, Ginsburg & Johnsen, P.A., has the experience and expertise you need to face these challenges head on.Learn More
Our franchise attorneys have helped our restaurant franchisee clients overcome problems with arbitrary inspections, system changes, lack of support, and predatory encroachment, and are here to help defend your business and your rights.Learn More
Craft Breweries & Distilleries
Thinking of starting your own craft brewery or distillery? Garner, Ginsburg & Johnsen, P.A., in partnership with Hop Law, offers dedicated legal services ranging from trademarking to business formation that are specially tailored to help these businesses thrive.Learn More
Auto and Equipment Dealers
We have saved auto and equipment dealers from termination; battled industry consolidations that would eliminate entire lines; stopped the establishment of new points; and recovered damages.Learn More
Buying a Franchise
Thinking about buying a franchise? It may be the biggest investment you ever make. Take a deep breath and get the experienced advice of our franchise lawyers before committing!Learn More
Getting Out of a Franchise
We have helped scores of franchisees get out of their contracts or change the terms of their agreements. While "breaking up is hard to do," we may be able to help you "get out of jail free."Learn More
Breach of Contract
If your franchisor is not living up to its bargain, you may be able to get out or get damages. Creative, aggressive thinking and rewarding solutions: that's what we give you.Learn More
Fraud and Misrepresentation
Fraud in the sale of franchises is so serious that the Federal Trade Commission and a third of the states have singled it out for special treatment. Our team loves to track down and uncover franchise fraud. He has exposed and recovered damages for a wide range of franchise fraud matters.Learn More
Termination and Nonrenewal
Getting a notice of termination or nonrenewal from your franchisor or supplier may be the worst event in the life of a franchisee or dealer. Our franchise attorneys have stopped terminations and nonrenewals all over the country in virtually every segment of franchising.Learn More
Outside investors are buying up franchise companies with the goal of increasing corporate income and reselling them at a fat profit. This strategy, sometimes called "strip and flip," squeezes that extra profit out of franchisees in unsavory ways. Is this happening to you? We can help.Learn More
Getting a group of franchisees or dealers together is one of the most effective ways to solve common problems. Garner, Ginsburg & Johnsen, P.A., can help with all aspects of representing your group, whether you wish to proceed informally, form an association or already have an association that needs legal assistance.Learn More
A Force to be Reckoned With
The franchise attorneys at Garner, Ginsburg & Johnsen, P.A. have over 30 years of experience fighting for the rights of franchisees and dealers throughout the country. With unparalleled skill and incomparable authority, the firm does more than win cases – it sets precedents. Don’t work with just any franchise law firm, trust the leading attorneys in franchise law: trust Garner, Ginsburg & Johnsen, P.A.
Coraud v. Kidville: A Top Ten Franchise Case
Can a franchisor lie to induce someone to buy a franchise and then get the franchisee to sign away any right to sue for fraud? It sure sounds wrong, and the Federal District Court in New York agreed with us: A franchisor cannot make a franchisee sign away fraud rights when the franchisor has committed fraud in violation of the New York Franchise Act. Franchise Times cited the case as one of the top ten cases of 2015, and the ABA showcased it at its annual Forum on Franchising. Shortly after the decision, the franchisor asked us to sit down for settlement talks, and our franchisee clients left the meeting smiling.
Andersen v. Griswold: Bringing Franchisor Executives into Court to Answer for their Wrongs
Franchisor executives, who often oversee and participate in wrongdoing, like to wash their hands of the dirt, and let the corporation take the hit in a lawsuit. Their thinking: “I was only doing my job; it’s the company’s fault.” “Not so!” said the federal court in San Francisco in 2015, when it granted our motion to bring the CEO of our franchisor defendant personally in to court to answer for his wrongs. We found his signature on papers certifying that the Franchise Disclosure Document was accurate, when our clients claimed it was false. The court said that was enough to require him to appear, in a precedent-setting decision that paves the way for franchisees to hold franchisor executives accountable. A multi-party settlement followed the decision.
Home Court Advantage: Frango Grille USA v. Pepe’s Franchising, Ltd
Our Los Angeles franchisee client faced a daunting problem: his franchise agreement said that any suit against the franchisor had to be brought where the franchisor had its home office – which was London, England! Worse, the U.S. Supreme Court had just handed down a decision upholding clauses just like this. What to do? Using our franchise law knowledge, we found a way around the clause and the Supreme Court decision, and convinced the federal judge to issue a landmark decision in 2014 allowing our client’s fraud and breach of contract case to proceed in California.
Award Winning Expertise
I had the experience of working with Elliot twice over the past ten years in difficult and contentious situations against a formidable entity. Beyond his great knowledge of franchise law, his thoroughness and attention to detail, and his professionalism, what really stood out and impressed me most was Elliot’s legal advocacy that is second to none. I always felt I was in good hands and I can’t give a higher recommendation!
I cannot say enough good things about Elliot Ginsberg of Garner, Ginsburg & Johnsen, P.A. I retained Mr. Ginsberg in connection with a franchisee matter. Elliot is professional, thoughtful, intelligent, clever, fair and reasonable. His legal work is thorough and well researched and he takes extra precautions to verify factual information. He has the admirable ability of being calm and professional yet firm, even when met with less than professional behavior from opposing counsel. I spoke to many attorneys before deciding to go with Elliot and I know that I made the right decision. I would not hesitate to recommend Elliot (or the firm in general) to anyone needing the assistance of a franchisee attorney.
I had the pleasure of working with Elliot Ginsburg. He helped me renegotiate and revise a 10-year lease for my coffee shop. I was impressed with how thoroughly and promptly he addressed all of my concerns. He has amazing attention to detail and gave very thoughtful responses to my questions. He even came out to my shop multiple times to get a better understanding of my leasing situation. I would certainly work with him again or recommend him to anyone.
We consulted with Elliot Ginsburg to help us review and interpret the franchise documents and agreements before investing. He was incredibly helpful and knowledgeable in content and process as well as the legal implications of “common language.” His expertise was critical as we negotiated and maneuvered the process. I am so glad we found Elliot and the firm.
Elliot Ginsburg (Garner & Ginsburg, P.A.) was a beacon of hope to my business/family at a time when our options appeared limited, and the likelihood of a satisfactory resolution seemed to border on the unlikely. He fought diligently and successfully for my rights as a small business-/Franchise-owner and was unwavering in his pursuit of a fair outcome.
Not only was Elliot able to defend my business from unjust accusations, but his calm and empathetic demeanor also offered emotional succor to myself and my situation. My family and I are eternally grateful for his service, and I hereby recommend Elliot Ginsburg (Garner & Ginsburg, P.A.) without reservation.