Ebe Dispute Resolution

Franchise and Distribution

Bob was certified for a decade by the California State Bar as a specialist in Franchise & Distribution Law, a status that concluded after he left private practice.  He has served as a Commissioner on the State Bar Commission that certifies such specialists. He also served as the Chair of the State Bar's Franchise Law Committee (Business Law Section). 

Bob has been retained to arbitrate or mediate many types of disputes arising from contracts involving the distribution of goods and services. Representative examples include: 

• Decided three week multi-party Florida arbitration hearing claims by franchisees alleging franchisor charging unconscionably high prices for industrial hose products that rendered franchise system inherently unprofitable. 
• Decided claims for lost profits, licensing fees, storage fees and reimbursement for goods claimant purchased from respondent allegedly infringing a third party's patent.
• Decided supplier's claims for past royalties allegedly owed by terminated Midwest art dealer who cross-claimed alleging fraud and breach of franchise statutes; award ultimately affirmed on appeal to the Eighth Circuit Court of Appeals. 
• Decided claims under license agreement to publish, market and enhance computer software program.
• Mediated state court claims by pipeline flow meter supplier which alleged breach of contract, computer code trade secret misappropriation and other business torts by its distributor that terminated parties' agreement and went into competition against supplier.
• Decided winery's claims for lost profits resulting from grower's alleged breach of multi-year grape supply contract. 
• Decided hearing aid supplier's claims against former dealer, and cross-claims for lost profits from breach of territorial exclusivity and fraudulent inducement.  
• Decided competing claims between food distribution pallet supplier and distributor breach of agreement and frauds. 
• Mediated different lawsuits in federal court by petroleum dealers suing their franchisors, e.g., one for failure to pay fair value for real estate after termination, and another for business devastation damages from the franchisor's alleged failure to comply with a facility improvement program resulting in closure of all of plaintiff's businesses.
• Decided claims by solar system franchisor against terminated franchisee for ad fund fees, royalty fees, software fees and amounts due for products purchased.
• Arbitrated claims by non-California debt collection business franchisor against terminated franchisee to enforce non-competition agreements and for lost profits from misappropriated trade secrets, and related counterclaims under franchise protection statutes and business torts.