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Marks & Klein’s Fatal Error in Representing ERA Real Estate Franchisees

Franchisees of ERA Franchise Systems have amended their malpractice lawsuit against franchisee law firm Marks & Klein for failing to limit the franchise owners' exposure to $383,000 in attorney fees. The award in favor of ERA was part of the underlying franchise agreement litigation that was brought by the real estate franchisor against the franchisees for breach of contract.

Buying a Franchise is Riskier than Ever

risk, high wire walk in owning a franchise

Critics, including this journal, say that buying a franchise is riskier than ever, that the reality of the franchise system is often purposefully and skillfully hidden and that it is easier to fail nowadays once you plunge in.

Marks & Klein Launches Two Franchise Associations

Northern IL Franchise Assoc..jpg

RED BANK, N.J. – Marks & Klein law firm has started two franchise associations, in New Jersey and Illinois, to support and promote the needs of franchisors and franchisees. 

US Labor, NY Tackle Employees Disguised as Franchisees

New York City 7-Eleven and taxis. Photo by ps

WASHINGTON, D.C. – The U.S. Department of Labor is now partnering with New York’s Attorney General’s Office and the state’s labor division to protect the rights of employees by ensuring they are not misclassified as independent contractors.

Marks and Klein Disqualified for Hiring Quiznos Lawyer

Middlesex County, NJ – After Marks & Klein represented 8,000 franchise owners in litigation and spearheaded a $206 million class action settlement, an appellate court ruled last week to disqualify the firm in representing another Quiznos franchisee. The high court cites a conflict in attorney-client privilege when the law firm hired one of the franchisor’s lead attorneys.

Fantastic Sams Owners to Arbitrate as Association


BOSTON – The First Circuit Court of Appeals issued its decision late last month in favor of the Fantastic Sams Regional Owners Association, allowing franchisees to proceed to arbitration as an association instead of individually.

Again, Judge Allows Edible Owners to Prove Claims

Franchisor edible arrangements prefers to eat its franchisees one at a time when it comes to lawsuits
Franchisor prefers eating suits one at a time, not clustered. photo/flickr

BRIDGEPORT, Conn. – After a judge refused to dismiss a lawsuit brought by the independent franchisee association of Edible Arrangements, franchisor attorneys unsuccessfully decided to try one more shot.

Edible Franchisee Survey Results

Franchisee Survey: How satisfied are you with your store's profitability?
Edible Arrangement Franchisee Survey. Source/EAIFA

WALLINGFORD, Conn. – Edible Arrangements’ CEO Tariq Farid dismissed the notion that the majority of his franchise owners were unhappy during a court-ordered settlement meeting last month.

Edible Franchisee Association Goes to Trial

A shuttered Edible Arrangement shop in New York City
A shuttered Edible Arrangement shop in New York City, photo/psteinberg

BRIDGEPORT, Conn. – After Edible Arrangements International, Inc. tried to get a district judge to dismiss a lawsuit by an independent franchisee association for lack of standing, he denied its request, allowing the case to go to trial.

Associations Make Better Franchises

Justin Klein

Justin Klein speaks on why independent franchisee associations are critical

In this new Podcast series, Blue MauMau spends five to ten minutes on key issues facing the franchise industry with top leaders and future game changers.