Miami Franchise, Licensing & Distribution Law Firm
We represent franchisees in disputes against major franchise systems in the hotel, restaurant, and service industries. Past and present clients include franchisees of Holiday Inn, Days Inn, Howard Johnson, Best Western, Ramada, Quality Inn, McDonald's, Burger King, Wendy's, Dunkin' Donuts, Arby's, Kentucky Fried Chicken, Tony Roma's, Miami Subs, Pizza Hut, Kenny Rogers Roasters, Johnny Rockets, T.C.B.Y., Haagen Dazs, Checkers, Rally's, TGI Friday's, Hard Rock Caf, Fat Tuesdays, Little Caesars', Jack-in-the- Box, Denny's, Bonanza, Manhattan Bagel, Subway, Blimpie, Schlotzsky's, 7-Eleven, Coca-Cola, PepsiCo, Decorating Den, Oil Express, Microplay Video Games, ServPro, among many others.
Zarco, Einhorn & Salkowski, P.A. has been in the forefront of important franchise issues, such as encroachment/cannibalization, breach of the implied covenant of good faith and fair dealing, fraud in the inducement, fraudulent concealment, and breach of contract, in addition to statutory violations of state and federal franchise laws. The firm has earned significant victories for franchisees and established well-heeled legal principles and precedents which are paving the way for other courts in interpreting complex franchise contracts.
The firm's senior partner, Robert Zarco, is recognized as an expert in franchise law and has provided expert testimony before various state legislatures including California ('Why Venue Provisions in Franchise Agreements Must be Void as a Matter of Law'), Maryland ('The Way to Bring Fairness to Franchising'), Arizona ('The Necessity of Franchise Legislation'), Connecticut ('The Benefits of Enacting Franchise Legislation'), and New York ('From Litigation to Legislation - Leveling the Playing Field Between Franchisees and Franchisors'). Additionally, Mr. Zarco travels nationwide presenting lectures on topics vital to franchisees and has appeared on radio and television programs, including CNBC 'Minding Your Business,' CNBC 'How To Succeed In Business,' PBS 'Nightly Business Report,' 'Your Financial Future with Jonathon Pond,' 'The Judy Jarvis Show,' and CBS 'Eye To Eye with Connie Chung,' to provide expert commentary on specific franchise cases, and franchising in general.
Mr. Zarco has in the past and/or currently represents several franchisee associations such as Johnny Rockets, Little Caesars, Denny's, TCBY, Wood You Furniture, Roto-Rooter, and Kenny Rogers Roasters. Mr. Zarco has also published several articles including 'Practical Aspects of Franchisee Representation; Alternative Dispute Resolution: Which Method is Best for Your Client,' 'Know Your Legal Rights,' and 'Tips for the Franchisee in Pursuit of the American Dream.'
How do I choose a lawyer?
Consider the following:
- Comfort Level
- - Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
- - How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
- - How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?
- - Is the lawyer's office conveniently located?
Not sure what questions to ask a lawyer?
Here are a few to get you started:
- How long have you been in practice?
- How many cases like mine have you handled?
- How often do you settle cases out of court?
- What are your fees and costs?
- What are the next steps?
Want to check lawyer discipline?
It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:
- Ensure the attorney is currently licensed to practice in your state
- Gain an understanding of his or her historical disciplinary record, if any.
- Determine the seriousness of complaints/issues which could range from late bar fees to more serious issues requiring disciplinary action.