Insights

  • Michael Einbinder & Mackenzie Dimitri successfully moved to compel their adversary to produce tax returns, in a shareholders’ dispute over four related entities, three of which operate franchises in the New York City area. The court ordered Plaintiff in that case to produce the tax returns, or to supply an affidavit stating the documents were not in Plaintiff’s position and provide Defendants with IRS Form 4506 so that Defendants could attempt to procure the tax returns directly from the IRS.
  • Michael Einbinder and Mackenzie Dimitri successfully defeated a preliminary injunction motion, seeking dispositive relief against their clients, the owners of three quick service restaurant franchises and a related entity. E&D attorneys argued the motion sought relief not sought in the underlying action, and was otherwise legally deficient. Moreover, the facts of the case, even at the preliminary injunction stage, favored E&D’s clients. The court agreed with E&D, holding, critically, that, in addition to being legally insufficient, the opposition could not meet its burden of showing it was likely to succeed on the merits of any of its claims. The court’s opinion adopted E&D’s clients’ statement of the facts and all legal theories.
  • Michael Einbinder, Terrence M. Dunn and Richard Bayer represented a restauranteur in a recently closed million dollar convertible debt financing transaction.
  • Franchisor Accounting Issues
    image_http://ed-lawfirm.com/wp-content/plugins/pdf-print/images/pdf.pngThe Financial Accounting Standards Board (“FASB) issued new revenue recognition guidelines that take into effect in 2019 for private companies. The guidelines...
  • Finding the Best in Franchising
    image_http://ed-lawfirm.com/wp-content/plugins/pdf-print/images/pdf.pngA commercial real estate client called me and told me that he had decided to change directions and buy a business. He...
  • NLRB Vacates Pro-Corporation Ruling in Joint Employer Case
    image_http://ed-lawfirm.com/wp-content/plugins/pdf-print/images/pdf.pngA Trump-appointee’s conflict of interest has resulted in a blow to U.S. corporations, including franchisors. As we previously posted on our
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