Show Me the Money! Maximizing Monetary Recovery in Franchise Cases

November 2, 2016 Published Work
American Bar Association Forum on Franchising Annual Meeting

Show me the Money! Maximizing Monetary Recovery in Franchise Cases

I. Introduction

Show Me The Money! Is this the famous Rod Tidwell clarion call from the film Jerry Maguire or a shrill plea from your client after having just filed your latest franchise case? If it is the latter and you have no counseling your client about the reality of recovering monetary damages in a franchise action, you have overlooked an essential element of your case - the endgame!

Understanding the basis, scope and limitations for recovering money damages is an important first step. After all, winning the battle but losing the war may not be what your client had in mind. A proper damage analysis could be the difference between bringing an action and searching for other solutions. In other words, is commencing the action worth it? With the endgame in mind, how does counsel calculate, present, and prove the damage defenses and counter-arguments should counsel present or expect from the opponent?

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