Profile

W Garner

Garner & Ginsburg PA

Contact Details

Garner & Ginsburg PA

Bio

W. Michael Garner has practiced franchise and distribution law for more than 30 years and is regarded as one of the nation's premier trial lawyers and legal writers in the field. Michael has established many legal precedents expanding the rights of franchisees, including:
  • A. J. Temple Marble & Tile v. Union Carbide Corp., which gave franchisees the right to sue franchisors under New York law even though their franchise agreements prohibited them from doing so.
  • The right of franchisee associations to sue on behalf of their members.
  • The right of franchisees to be protected against encroachment by their franchisors over the Internet.
  • The right of franchisees to enforce their franchise agreement despite the franchisor's efforts to change their rights in the operations manuals.
Michael is also the author of Franchise and Distribution Law and Practice, a three-volume legal treatise described by the American Bar Association's Business Lawyer as the work that "eclipses the literature previously available . . . in the realm of franchising." He served as editor-in-chief of the ABA's Franchise Law Journal from 1988 to 1993 and authored the New York forms of jury instructions on franchise law. He has co-authored the chapter on franchise relationship laws in the ABA's Fundamentals of Franchising and written the chapter on additional prohibitions in the ABA's monograph on the FTC Rule. His articles for franchisees have appeared in Entrepreneur and Franchise UPDATE, and he has been quoted by The Wall Street Journal, The New York Times, and Business Week. He has served on the Governing Committee of the ABA Forum on Franchising. As a recognized authority on franchise law, Michael has testified before congressional and state legislative committees in support of franchisee rights. He has been a featured speaker before the International Franchise Association, the American Bar Association Forum on Franchising, the Practicing Law Institute, the National Franchise Law Institute, and various other bar and franchise industry association. His writings have been cited by several courts, including the United States Supreme Court. Michael is listed in The Best Lawyers in America and was named and "Attorney of the Year" by Minnesota Lawyer and one of Minnesota's "Super Lawyers" by Minnesota Law & Politics. He was named Minnesota Franchise Lawyer of the Year by Best Lawyers for 2012. He has also won the Chairman's Award of the American Association of Franchisees and Dealers. He holds an A.B. from Columbia University and is a 1975 graduate of New York University School of Law. He is admitted to practice in New York, New Jersey, and Minnesota. March 2012

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