Franchise Practice Successes

Franchise Practice Success

5/1/2010 -- Successfully represented and negotiated an early termination and mutual release for a real estate franchisee.

Franchise Practice Success

5/1/2010 -- Successfully represented and negotiated a right to sell, early termination or assignment of a home repair franchisee with its franchisor.

Pat Cardwell reached favorable settlement on behalf of financial services Area Developer with its franchisor

12/15/2009 -- The financial services area developer owned the development rights for a financial services company and also operated a number of franchise stores in its territory. Over time, disputes arose between the parties concerning the franchisor's alleged mistreament of the Area Developer. Specifically Mr. Cardwell alleged, among other things, breaches of contract by the franchisor as well as alleged breaches by franchisor of the implied duty of good faith and fair dealing. After substantive negotiations, Mr. Cardwell and his client were able to reach a favorable settlement with the franchisor which included the franchisor acquiring the area developer rights back from the Area Developer.

Judgement won against franchisor

8/21/2009 -- Obtained Judgement against a children's spa franchisor in an amount in excess of $550,000 for fraud, conspiracy, breach of contract, conversion and violation of the Virginia Consumer Protection Act.

Mr. Cardwell successfully represented a restaurant franchisee who was in great financial distress

2/15/2009 -- Specifically, the franchisee owed its franchisor hundreds of thousands of dollars. Mr. Cardwell alleged that the franchisee had a number of claims against the franchisor relating to the franchise relationship. Mr. Cardwell negotiated a sale and assignment of the franchisee's franchise to a buyer. As part of the settlement, the Franchisor waived around 97% of all fees that were due and owing by the franchisee, the franchisee retained eighty percent of the purchase price and all parties executed mutual releases and settlement of all claims.

Pat Cardwell successfully represented a pharmaceutical franchisee in great financial distress

2/1/2009 -- The franchisee was losing a large amount of money monthly and had debt which was personally guaranteed by the franchisee owners in the mid six figure range. Mr. Cardwell successfully negotiated the sale of the franchise assets to a competitor. In completing this sale, Mr. Cardwell successfully negotiated and entered into settlement and release agreements with the franchisee's franchisor, financial institution, suppliers and landlord. And the distressed franchisee was permitted to retain a fair amount of the purchase price and its receivables after closing.

Pat Cardwell reached a favorable settlement on behalf of a franchisee with its financial services franchisor

1/1/2009 -- Pat Cardwell reached a favorable settlement on behalf of a franchisee with its financial services franchisor. Mr. Cardwell contended the franchisor improperly disclosed the franchisee in the sale of the franchise. After negotiations, the franchisor agreed to a confidential settlement favorable to the Franchisee.