Wasch Raines Obtains COVID-19 Legal Precedent in Franchise Disputes

Law in the Time of COVID-19 | Columbia Law School

Wasch Raines LLP’s franchise litigation practice is nationwide and has been active during the COVID-19 global pandemic.

In Gus’s Franchisor, LLC v. Terrapin Restaurant Partners, LLC, Wasch Raines Managing Partner Adam G. Wasch represents the franchisor, Gus’s World Famous Fried Chicken, based in Memphis, Tennessee.  The Court in a recent ruling on a contempt motion filed by the franchisor, the Court held that the COVID-19 pandemic did not excuse a terminated franchisee of Gus’s World Famous Fried Chicken (“Gus’s”) from complying with a temporary restraining order (TRO) and permanent injunction prohibiting it from using Gus’s trademarks, trade secrets and proprietary business information.

In Tim Hortons USA, Inc. v. Tims Milner, LLC, Wasch Raines represents a multi-unit franchisee. The parties briefed the issue of whether a bench trial over breach of contract and Lanham Act claims could be held via Zoom under Federal Rule 43(a). The court ruled that, no, the claims should be adjudicated in a live proceeding under the circumstances. The franchisor requested that the court reconsider its decision but that motion was denied. The court could find no authority enabling it to conduct an entire trial via videoconference over the objection of a party.

Wasch Raines represents dozens of startup and emerging franchise companies as well as franchisees, franchise associations, and area developers in disputes both in court and arbitration. For more information about the firm, you may contact Managing Partner Adam G. Wasch directly at awasch@waschraines.com.

About Wasch Raines LLP

Wasch Raines LLP is a business and franchise law firm providing a comprehensive range of services to emerging and established businesses and franchise companies in a variety of industries. Through its unique business model, the firm offers its clients the benefits of having a cost-efficient in-house general counsel and a full service litigation team. For more information, click here to contact us or call (561) 693-3221.