Hirzel Dreyfuss & Dempsey, PLLC
NEWS AND INFORMATION
South Beach Burger & Beer Joint Loses Franchise After Gay Bar Opens Upstairs
CBS4 News in Miami continues the coverage of the forced closure of the Burger & Beer Joint location on South Beach by the parent Franchisor entity because a gay nightclub was permitted on the second floor of the location (after-hours).
Hirzel Dreyfuss & Dempsey represents the owners of the South Beach Burger & Beer Joint location in fighting back against discrimination and against abusive franchisors. Our clients also own the locations in Brickell, Dolphin Mall, and in other locations as well.
Read more about the story here:
A gay bar opens upstairs. Downstairs, Burger & Beer Joint loses its franchise.
The law firm of Hirzel Dreyfuss & Dempsey is representing franchisees who own multiple Burger & Beer Joint restaurant locations in Florida and in San Juan, Puerto Rico. Our clients have recently had their franchise agreements terminated by the parent Franchisor company.
The parent Franchisor company explicitly stated in a formal notice to our clients that the South Beach Burger & Beer Joint was being terminated solely because an after-hours gay nightclub was operating on the second level of the building.
We and our clients are shocked to have their restaurants placed at risk and their SoBe location forced to close. Discrimination is not appropriate anywhere, but it is very surprising to find it on South Beach in 2017. Our clients and the attorneys at the law firm of Hirzel Dreyfuss & Dempsey oppose discrimination against the LGBT community and hope that the parent Franchisor company will admit what they did was wrong and unacceptable.
Read more about this story from the Miami Herald:
http://www.miamiherald.com/entertainment/restaurants/article131135579.html
Appeal in Multimillion-Dollar Franchisee Litigation against Nissan North America
Nissan North America's practice of providing millions of dollars in support to select dealers is at the heart of a court case in Florida.
In an appeal filed Feb. 11 in the First District Court of Appeal in Florida, South Motors Infiniti of Palmetto Bay, Fla., south of Miami, said Nissan must offer other Florida dealers the same cash the automaker is giving dealer Bernie Moreno to open an Infiniti point in Coral Gables, Fla.
Anything less violates Florida franchise law, the appeal said.
If the court agrees, it would conflict with Nissan's notion of providing money and help to select dealers and not others. The case could attract attention in other states where Nissan has been aggressively remaking its dealer network.
The appeal seeks to overturn a lower-court ruling by the State of Florida Division of Administrative Hearings that approved Nissan's awarding an open Infiniti point in Coral Gables, Fla., to Moreno.
...Continued at Automotive News (Click Here)
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Buffalo Wild Wings Drops Litigation against Florida Franchisee
Minneapolis-based Buffalo Wild Wings has agreed to drop a legal dispute initiated by Orlando area businessman Andrew Gross, who formerly owned 10 stores in Central Florida.
Gross and the company dropped claims against each other, according to a stipulation filed Wednesday. Both parties agreed to bear their own legal costs for the suit.
Buffalo Wild Wings bought back Gross’s ten restaurants in October 2014, for $22 million. The company has alleged that Gross was supposed to build 12 stores in Central Florida but fell behind and wasn’t able to finance the final two.
Buffalo also alleged that Gross’s company didn’t properly maintain the restaurants, allowed inventory shortages, and had fewer employees per store than a contract required. Buffalo demanded about $1 million to cover the alleged damages.
...Story Continued on Orlando Sentinel
100 Montaditos Franchise Fight Is Heating Up
In the bankruptcy case of the little Spanish sandwiches, a big fight is heating up.
During a hearing last week, a federal judge said the South Florida franchise of 100 Montaditos could shut down despite the bankruptcy filing of the Spanish restaurant’s U.S. arm.
The ruling was basically a formality, since the bankruptcy code might have prevented the franchisee from shutting down his operations without the judge’s approval, but it preserved the ability of franchisees and the company to take legal action against each other in the future.
And further legal action is something that franchisees are planning, said Leon Hirzel of Hirzel Dreyfuss, a lawyer for a group of current and former franchisees. Mr. Hirzel declined to provide more details on the nature of the coming action.
“The bankruptcy is an attempt to absolve liability across the Atlantic Ocean,” he said, referring to 100 Montaditos’ Spanish parent company. Mr. Hirzel says the Spanish company never adequately capitalized the U.S. spinoff, an allegation the parent firm denies.
...Story Continued via The Wall Street Journal
Ley de Franquicias Presentación de León Hirzel en la Conferencia Globofran
"¿Cómo evaluar una franquicia desde un punto de vista legal?"
(Presentación de vídeo en YouTube)
León Hirzel abogado de franquicias de Hirzel Dreyfuss & Dempsey, PLLC explica qué es un FDD, qué es la FTC y qué se debe revisar del FDD de la franquicia. León es abogado especialista en FDD y nos presentará cuáles son los Items más importantes de este documento y en cuáles de ellos debemos detenernos a revisar a detalle al momento de revisar el FDD que nos ofrezca una franquicia a comprar en los Estados Unidos. (Presentado en Globofran en agosto de 2014)