Franchising and Distribution
Our franchise and distribution group provides counseling and litigation services to national and regional franchisors, manufacturers and suppliers. We have represented clients in a wide range of industries, including energy, food and quick-service restaurants, automotive, life sciences, convenience stores, and industrial automation. We provide advice and ongoing counseling to our clients about all aspects of their business, including drafting franchise, distribution and dealer agreements; legal and regulatory developments relevant to their businesses; international trade compliance; dealer and supplier negotiations and terminations; and business expansions.
We also represent clients as both plaintiffs and defendants in litigation arising out of their business operations. These matters have involved such issues as trademark infringement, covenants not to compete, antitrust claims, pricing claims, breach of contract, tortious interference with contract, and terminations and non-renewals. Our clients and the matters we have represented them in have been located in Connecticut, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Texas, and Wisconsin. Although we are often successful working closely with our clients to settle disputes, we have litigated numerous cases to verdict in bench and jury trials in both state and federal courts. In 2010, we litigated on behalf of Shell Oil the first franchise case to go before the U.S. Supreme Court in over 10 years.
Antitrust Litigation
Shipman's Antitrust lawyers counsel businesses and trade associations, proactively assisting them in anticipating and avoiding antitrust problems. We work with clients on antitrust issues in contracts of all types, including supply arrangements, joint ventures, franchises, and intellectual property licenses.
Business and Commercial Litigation
The Business and Commercial Litigation team consists of experienced litigators who regularly represent business entities, in both state and federal courts, in a wide variety of disputes. We handle all types of commercial litigation, including broker/dealer disputes, business and partnership disputes, tax disputes, injunctions, breach of contract and securities class actions.
Petroleum Marketing
For over 30 years Shipman has represented major oil companies and regional franchisors throughout the Eastern United States in all aspects of petroleum marketing counseling and litigation. We have extensive experience with both the Petroleum Marketing Practices Act ("PMPA") and state franchise statutes, as well as disputes involving antitrust, trademark, dealer termination, pricing, rent, breach of contract, unfair trade practices, terminalling and exchange agreements, transfers/assignments, comingling, and cross-hauling claims.