The Internicola Law Firm, P.C. Case Results for Business, Franchise, & Partnership Dispute | Internicola Law Firm

Case Results

Adding Extraordinary Value to your Business

Results matter. At the Internicola Law Firm, PC, we use our specialized services, programs and industry experience to assist our clients in expanding and protecting their businesses. Below, learn more about the results that we have achieved for our clients.

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FDD Franchise Agreement Review – Just Falafel


Successfully Reviewed Just Falafel FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Retro Fitness

Successfully Reviewed Retro Fitness FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – FroyoWorld

Successfully Reviewed FroyoWorld FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – The Learning Experience

Successfully Reviewed The Learning Experience FDD and potential Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Little Caesars

Successfully Reviewed the Little Caesars FDD and potential Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – CKO Kickboxing

Successfully Reviewed the CKO Kickboxing FDD and potential Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – HUMAN Healthy Vending

Successfully Reviewed the HUMAN Healthy Vending FDD and potential Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Office Evolution

Successfully Reviewed the Office Evolution FDD and potential Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Rita’s Italian Ice

Successfully Reviewed Rita’s Italian Ice FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – E.nopi

Successfully Reviewed E.nopi FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Bricks 4 Kidz

Successfully Reviewed Bricks 4 Kidz FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – ACFN Franchise Inc.

Successfully Reviewed ACFN Franchise Inc. FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – European Wax Center

Successfully Reviewed European Wax Center FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Glass Doctor

Successfully Reviewed Glass Doctor FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Haagen-Dazs

Successfully Reviewed Haagen-Dazs FDD and potential Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Koko FitClub, LLC

Successfully Reviewed Koko FitClub, LLC FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – NYS Collection Eyewear, Inc.

Successfully Reviewed NYS Collection Eyewear, Inc. FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Home Helpers

Successfully Reviewed Home Helpers FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Papa John’s

Successfully Reviewed Papa John’s Pizza FDD and proposed Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – PortraitEFX

Successfully Reviewed PortraitEFX FDD and potential Franchise Agreement Modifications for the Protection of our Franchisee Client.

FDD Franchise Agreement Review – Visiting Angels

Successfully Reviewed Visiting Angels FDD and Implemented Franchise Agreement Modifications for the Protection of our Franchisee Client.

Business Litigation

Executive Employee: Claim for Fraudulent Inducement of At-Will Employment

Summary
In a unique action involving an executive employees acceptance of “at-will” employment with a new employer, on behalf of our client, Mr. Internicola, Esq. successfully advanced claims of fraudulent inducement and unjust enrichment. The employer filed a pre-answer motion to dismiss on the basis that the employment relationship was “at-will” and that they were permitted to terminate him at any time. The Court held that although the employment relationship was “at-will” that the executive employee nevertheless stated claims for fraudulent inducement related to claims involving false statements that induced the employee to leave his prior position.

Awarded
Case settled following successful opposition to motion to dismiss and during discovery involving an intense review of the employers practices. Terms of settlement are confidential.

Defense of Claimed Violation of Utility Patent and Trade Design Infringement

Successful defense resulting in favorable settlement involving federal court litigation involving duplication of product design, and infringement of trade design.

Summary
The plaintiff in this action had previously maintained a utility patent respecting the design and overall shape of its consumer product. Upon expiration of the plaintiffs utility patent an issue arose as to alleged duplication of the product design. In the action the plaintiff alleged and argues that during the course of the design patent (prior to its expiration) that it had acquired traditional trademark and trade design rights to the overall design. That is that consumers recognized the design as unique and emanating from a particular source.

In response Mr. Internicola and his team commissioned consumer studies to challenge the plaintiffs claims of secondary meaning and Mr. Internicola challenged plaintiffs claims on the grounds that the plaintiffs expired “utility patent” was indicative that the alleged design was “functional” and therefore not capable of traditional trademark / trade design protection.

Awarded
Confidential settlement pre-trial, during discovery. Although the terms are confidential our client did pay a settlement fee. However settlement was viewed as much more cost effective than proceeding with trial and incurring significant expert witness and additional legal fees. The settlement was beneficial and effective for our client and its business.

Successful Defense Against Claimed Violation of Shareholder Agreement Non-Compete

Result
Successfully opposed Order to Show Cause and application for temporary restraining order and preliminary injunction in litigation dispute between two partners. Although shareholder agreement contained non-compete covenants, they were successfully overcome.

Summary
Action involving dispute between two business partners respecting their accounting firm. The partners were equal fifty percent owners and they possessed a shareholder agreement that contained specific provisions respecting dissolution, non-competition and division of clients. After issues of impropriety and alleged misappropriation of funds and corporate assets our client sought dissolution and the right to proceed with his own accounting firm and to do so free of restrictive covenants and wilt full solicitation of all customers of the accounting firm.

Awarded
We successfully defeated the opposing parties motions for a preliminary injunction that would have precluded our client from servicing certain customers/clients of the firm. Our client was permitted to proceed with the establishment of his new accounting firm.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

New York Minority Shareholder Lockout: Preliminary Injunction Obtained

Result
Preliminary Injunction obtained on behalf of 25% shareholder / member of New York closely held corporation. Injunction reinstated minority shareholders right to participate in management of company.

Summary
Dispute involving the rights of 25% shareholder of closely held corporation. Majority shareholders locked-out the minority owner and precluded him from participating in management. Majority shareholders also ignored mandated management provisions in shareholder agreement, including agreement provisions regarding management decisions and overall operations related to commercial real estate / building owned by the corporation. Mr. Internicola, Esq. commenced an action for breach of contract, breach of fiduciary duty and unjust enrichment. Mr. Internicola, Esq. filed an emergency application for a preliminary injunction and temporary restraining order. After a one day hearing, the court awarded a preliminary injunction preserving the management rights of the minority shareholder.

Awarded
Preliminary Injunction Reinstating Management Participation Rights of Minority Shareholder of New York Corporation.

LLC Member Dispute: Preliminary Injunction Obtained

Preliminary Injunction Obtained on Behalf of Client – Client Reinstated as Manager

Summary

In an action involving a dispute among New York limited liability company members, Mr. Internicola successfully obtained a preliminary injunction reinstating a member back to his role as manager. The action involved various disputes respecting management of the limited liability company and the operation of the LLC’s underlying assets. Mr. Internicola successfully challenged – on procedural grounds and based on the terms of the operating agreement – the alleged vote removing his client as a manager.

Awarded
LLC Member Granted Preliminary Injunction and Reinstated as Manager.

Start a Franchise

Franchised Pizzeria Restaurant and Tavern – Denino’s

Summary
Established franchise system for Denino’s Pizzeria and Tavern. A historic pizza landmark in the New York market, Denino’s Pizzeria had a generational following of loyal customers and consistent review naming them the best pizza in NYC. Through our franchise launch program Charles N. Internicola and his team developed a complete franchise compliance program that included development of the Denino’s FDD, development of the Denino’s operations manuals, state based franchise registrations and development of financial performance representations.

Franchise Development Services Included:

According to Charles N. Internicola, Esq. “…as a native New Yorker with many childhood memories of eating at Denino’s, our entire team was excited about this project. A major criteria for this franchise development project – one that our client correctly insisted on – was to create a system that maintained the integrity, systems and standards of this landmark restaurant and I think that is exactly what was achieved.”

Franchised Specialty Restaurant – Lobster Joint

Summary
Worked with entire team at acclaimed Brooklyn, NY based restaurant, Lobster Joint. Featuring New England Comfort Food and renowned for their always fresh lobster rolls, Lobster Joint enjoys a loyal following among New Yorkers, tourists and food critics. Through The Internicola Law Firm’s franchise launch program, Charles Internicola and his franchise development team worked with Lobster Joint in developing their franchise system.

Franchise Development Services Included:

According to Charles N. Internicola, Esq. “…a critical aspect of the Lobster Joint franchise development process was to develop a system that was flexible, permitted multi-unit franchise sales and one that reflected the unique character of Lobster Joint and its amazing founders.”

Franchised Income Tax Preparation Business

Summary
Within the income tax preparation business our FDD development services have included the representation of local and regional based tax preparation services initially with corporate owned offices ranging from one office to ten.

Income tax preparation businesses are typically location driven businesses that are seasonal and do not present high start up costs. So with the development of income tax preparation services we have developed franchise systems that are focused on multi-office expansion, seasonal operations, implementation of call centers, tax training seminars and supplemental financial services and products.

Franchise Development Services Included:

According to Charles N. Internicola, Esq. “…the income tax preparation industry offers prospective franchisees a compelling business opportunity with a business model that is seasonal with relatively low start-up costs. We are fortunate to have worked with and continue to represent a number of franchisors in the income tax preparation.

Establishment of Franchise System: Conversion of License Agreements

Result
Established franchise system for regional company that previously expanded by way of multiple license agreements and consulting agreements. Existing license system was converted to a franchise system with a Franchise Disclosure Document and compliance program focused on conversion of existing licensees.

Summary
A successful and well run company had achieved significant expansion through the grant of multiple licenses. After assessing prior expansion, future expansion plans and the regulatory requirements imposed on this business, the franchise lawyers at The Internicola Law Firm,established a franchise compliance program focused on an FDD that properly identified prior licenses and established a legal foundation for future expansion.

Awarded
License agreements properly identified and reported in FDD and franchise compliance program was successfully established to permit future franchise sales.

FDD Modification and Revision: Relaunch of Education Franchise

Result
Revised and Re-launched Existing Child Learning Franchise System

Summary
The existing franchisor client experienced a common problem of her FDD, franchise agreement and, overall approach to her franchise system to be incompatible to her actual business. The clients FDD and franchise program was initially established by a “franchise consulting and development company” where her FDD development was, essentially, “outsourced” to a contract attorney who did not possess a thorough understanding of the underlying business and the franchisors goals. The result, a generic FDD and franchise agreement that did not match the actual operation of the enrichment centers.

Comments
After an extensive planning session and evaluation of existing franchise units and franchisor goals, Mr. Internicola, Esq. completely revised the FDD, Franchise Agreement and Area Development Agreement to permit a dual business model. This dual model accomplished the franchisor’s goal of selling two versions of her franchise concept comprised of a fixed center enrichment facility and a mobile off-site enrichment service delivered at third party locations.

Significant revisions also went into:

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Let's Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your brand. Click on the button below or call us at (800) 976-4904.

Let’s Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your business.

Fill out the following form and we’ll contact you as soon as possible. To reach our team directly, give us a call at (800) 976-4904.


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