What are the unique challenges of representing franchisors against franchisees?
Minneapolis franchise law attorney Kirk Reilly explains how representing franchisors can be challenging.
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Well, one of the obvious challenges of representing a franchisor in a case where the franchisee is suing it is the fact everyone knows the franchisor. If you’re in a small municipality in Mississippi, you’ve got a local plaintiff who claims they were defrauded out of their life savings. You’re also got a big name brand that everyone has seen advertised all over America, so it’s not unlike a lot of litigation in America, but bigger the company, that’s a problem. The other problem that is a little unique to franchising is that the average citizen doesn’t really understand what a franchise is. They see a McDonald’s. They’re not exactly sure who owns it. They’re not exactly sure what the legal significance. So the hardest thing you have to do as a franchisor lawyer is to educate. You’ve got to get people, the judge, the jury, to understand what is a franchise and why it’s different than what people may perceive.