Rewriting Operating Manuals -- The Devil is in the Details
An international franchise company turned to Larkin Hoffman to help rewrite, and in some cases create, operating manuals for multiple brands.
Creation of National Dealer Network
A direct selling organization contacted Larkin Hoffman for assistance in establishing a national distribution network.
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Employment, Labor and Benefits Experience
WARN Act Implementation
When a Minnesota based manufacturing company underwent a major workforce reduction across multiple states, it turned to Chirs Harristhal to evaluate WARN Act issues, determine trigger points for notification, and prepare notices to the appropriate agencies and workers.
School District Prevails in Summary Judgment Motion
When a school district was accused by one of its teachers of violating the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA), the school district contacted Larkin Hoffman.
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Franchise and Distribution Experience
Franchise Group Assists Franchisor in Implementing New Program, Defeating Challenge from Reluctant Franchisees
One of our franchisor clients wanted to implement a new program in its system. While the program was not provided for in the existing franchise agreements, the franchisor wanted all franchisees to participate in, and pay all fees associated with, the program. We assisted the client in structuring the program so as to fall within the provisions of the existing franchise agreements. When the fees associated with the program were nevertheless challenged by nearly two dozen franchisees, our transaction and litigation groups worked together to develop a strategy that ultimately led to the dismissal of the claims of more than half the franchisees, and settlement with the remaining franchisees without any change in the program or program fees.
Courts Grant Two Separate Franchisors’ Motions to Dismiss Lawsuits and Enforce Contractual Mediation Provision
Despite having mandatory mediation and binding arbitration provisions in their franchise agreement, two franchisees of two different franchisors we represent brought suit in California, 18 months apart, seeking both damages and injunctive relief against our franchisor clients. In each case, we had the lawsuit dismissed, and each dismissal led to favorable settlements for our clients.
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Government Relations and Administrative Law Experience
Large Industrial Client Has Ongoing Government Relations Concerns
Larkin Hoffman’s Government Relations and Regulatory team helped to develop a strategy for a large industrial client with varied tax, environmental and real estate concerns that needed to interact regularly with senior elected and appointed cabinet officials in the State of Minnesota.
Larkin Hoffman Helped Property Managers Fend Off Legislation
A sophisticated property management organization engaged Larkin Hoffman’s Government Relations team to help it pro-actively engage the legislature on issues affecting their business and that of their clients.
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Health Care Industry Experience
Healthcare Client Wins Defense Verdict
Faced with claims of sexual harassment, assault and battery, and vicarious liability, a client in the healthcare industry contacted Larkin Hoffman.
Chapter 11 Reorganization -- Health Care
Larkin Hoffman's Bankruptcy Law team members lead reorganization of a health care facility after Chapter 11 bankruptcy.
Intellectual Property, Technology and Internet Experience
Midwest Industries, Inc. v. Karavan Trailers (S.D. Iowa)
The case Midwest Industries, Inc. v. Karavan Trailers (S.D. Iowa) which involved the interplay between patents and trade dress rights. Midwest asserted trade dress protection in a unique curved winch post configuration for personal watercraft trailers. Midwest appealed the district court’s order granting summary judgment to Karavan, holding that Midwest’s trade dress claims were barred by federal patent law because Midwest had design patents for the curved winch post and a utility patent in which the curved winch post was claimed. Larkin Hoffman attorney Tom Oppold took over this case on appeal and successfully argued on behalf of Midwest to the Federal Circuit.
Field v. Grabber Mfg. Co. (M.D. Fla.)
Larkin Hoffman attorney, Tom Oppold, served as counsel for Field in Field v. Grabber Mfg. Co. (M.D. Fla.) a patent infringement case involving automotive collision repair machines. A significant damages award for the inventor was awarded by the jury.
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Landowner Granted Access to Landlocked Parcel after MNDOT Failed to Comply with MN Statute
Gary Van Cleve and Julie Nagorski recently secured a Minnesota Court of Appeals decision in favor of their client, a landowner seeking approval from the Minnesota Department of Transportation for access to his landlocked parcel of property located on a highway frontage road.
Resolution Reached Between Manufacturer and Contactor at Pre-Arbitration Mediation
On behalf of an international manufacturer of specialized, custom-built systems embroiled in a dispute with a contractor, with both parties claiming in excess of $1 million in damages, Jim Susag and Julie Nagorski recently secured a positive settlement at pre-arbitration mediation.
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Personal Legal Services Experience
Increasing Father’s Parenting Time in Shared Custody Case
When the father of a nine year-old girl needed help to secure his rights to parenting time, he contacted Larkin Hoffman. The father and mother had been separated for several years and the mother refused to let the father have more than six hours of parenting time with the child every other weekend. After the mother refused to change her position in mediation, Larkin Hoffman attorney Rob Hill prevailed in district court so that the father received the statutorily presumptive 25 percent of parenting time. For the first time, the daughter now spends overnights at her dad's apartment.
Long Distance Mediation Avoids Court Hearing in Custody Case
When a father’s young children were taken from the United States to Europe by his wife, the father contacted Larkin Hoffman for support.
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Real Estate, Land Use and Resources Experience
National Billboard Company Defeats Digital Ban
Tamara O’Neill Moreland represented a national billboard company in its challenge of an ordinance enacted in Rapid City, South Dakota. On summary judgment, the South Dakota Federal District Court ruled that the City’s ban on digital billboards violated South Dakota state law and that the City’s attempt to retroactively apply the ordinance to limit or eliminate the company’s use of previously issued sign credits was not authorized under the plain language of the ordinance. The remaining issues, including damages, will proceed to trial.
Condominium Association Assessments Determined Valid By Jury
Tamara O’Neill Moreland successfully represented an industrial condominium association that was sued by a unit owner for reimbursement of fees the owner claimed were improperly assessed. After a 5-day jury trial, the jury agreed that the association properly assessed the attorneys’ fees and costs incurred by the association in the collection of assessments and the foreclosure of the owner’s unit.
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