Expert Witness and Related Services
While the support services we offer involve only franchise-related litigation, they do come under two general headings: (1) Franchise Litigation Consulting and Related Support and (2) Franchise Expert Witness Testimony.
Our assistance to litigation counsel in any particular case can involve either or both types of support.
Franchise Litigation Consulting and Related Support - Illustrative Areas
These services are particularly helpful where litigation counsel is not thoroughly familiar with franchising as a distinct business model and may need assistance in becoming familiar with such things as:
• Business standards of care involved in franchising.
• Typical business practices in the franchising industry.
• Franchise sales practices.
• Differing models of franchise structures and controls, and related operational, marketing and other issues.
• The process involved in determining if a business concept is appropriate for franchising and the steps in “franchising” a business.
• Identification of various business and/or legal issues that can arise in the franchise context.
• Resolution models for franchise disputes.
• Evaluation of documents and possible testimony, qualifications of proposed experts and background of proposed mediators and arbitrators.
Franchise Expert Witness Testimony
Whether or not counsel has a background in franchise litigation, he or she may need support in the form of a formal report, or appropriate testimony at deposition or trial, as relevant to the facts of the particular case and various theories, claims and/or defenses to be presented at trial.
Here, both the expert’s formal background and knowledge, as well as his or her effectiveness in presenting testimony in a practical manner understandable to a judge and/or unsophisticated jury, will be critical.
This is probably particularly important in an area like franchising, where relatively few lawyers, judges or juries are familiar with the relevant details of a complex and highly regulated industry, and any testimony should take that lack of knowledge into account.