Spencer Fane attorney David Harris recently co-authored an article for the American Bar Association’s Franchise Law Journal on the topic of lost-profit claims in franchise cases.
Titled “The Anatomy of Lost-Profits Claims in Franchise Cases,” David’s article provides insight into the law governing lost-profit claims and general best practices for litigants involved in these matters, specifically after franchise termination.
“Although historically franchisees were more likely to assert these claims in reaction to terminations, more recently franchisors have also pursued such claims when franchisees leave the relationship before the end of the contract term,” the authors explained in the article. “For both parties, it is important to hire an expert. Plaintiffs need an expert to help them meet the standards for proving lost profits, and defendants should have an expert to rebut the plaintiff’s expert,” the article continues.
For the full article, please click here.