Attorney Fees in Franchise Disputes: Atypical Mechanisms for Obtaining a Fee Award
June 27th, 2024Silas Petersen and Tyler Hartney have recently published an article in the Franchise Law Journal. Their piece, titled “Attorney Fees in Franchise Disputes: Atypical Mechanisms for Obtaining a Fee Award”, offers an in-depth look at unique strategies for recovering attorney fees in franchise litigation.
Traditionally, parties rely on contractual fee-shifting arrangements as well as statutory provisions to request attorneys’ fees as a component of damages in franchise disputes. Silas and Tyler emphasize the importance of atypical mechanisms that should be considered both during litigation or arbitration and when drafting franchise agreements stressing the need for franchise attorneys to thoroughly assess and allocate the risk of attorney fees. Understanding and strategically utilizing the atypical mechanisms outlined in their article, parties to franchise disputes can take advantage when the other party unknowingly offers a right to request attorneys’ fees and avoid inadvertently making an offer themselves. Read the full article starting on page 153 in the PDF liked below for a comprehensive understanding of atypical fee mechanisms and their practical implications in franchise law.
Attorney Fees in Franchise Disputes: Atypical Mechanisms for Obtaining a Fee Award
Tyler Hartney represents businesses in a wide variety of commercial, contractual, employment, intellectual property, franchise and distribution disputes. Tyler’s experience also includes working as a Judicial Law Clerk for the Honorable Francis J. Magill in the civil division of Minnesota’s Fourth Judicial District and as an associate attorney in a mass tort practice in the Twin Cities. He utilizes his experience to guide his clients through the complex litigation process. At Larkin Hoffman, Tyler also serves as the co-chair of the Associate Committee Leadership Group.
Silas Petersen represents business owners, organizations, and private clients in a wide variety of litigation. He advises clients as they navigate all aspects of the litigation process, focusing on achieving efficient and effective outcomes.