W. Michael Garner, a partner in Dady & Garner, P.A., has practiced franchise and distribution law for over twenty years, and is regarded as one of the nation's premiere legal writers in the field.
Mr. Garner is 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 the editor-in-chief of the American Bar Association's Franchise Law Journal from 1988 to 1993, and authored the New York forms of jury instructions on franchise law. His articles for franchisees have appeared in Entrepreneur and Franchise Update, and he has been quoted by The Wall Street Journal, New York Times and Business Week. He is presently a member of the Governing Committee of the ABA Forum on Franchising.
As a recognized authority on franchise law, Mr. Garner 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 Practising Law Institute, the National Franchise Law Institute and various other bar and franchise industry associations. His writings have been cited by several courts, including the United States Supreme Court.
Mr. Garner has tried franchise cases involving claims of wrongful termination, fraud, breach of contract, breach of duty of good faith and fair dealing, trademark infringement, unfair competition and dilution, breach of fiduciary relationships between franchisers and franchisees, tortious interference with business relationships, and claims under antitrust laws and the racketeering (RICO) statute. His victory in A.J. Temple Marble & Tile, Inc. v. Union Carbide Co., established the right of franchisees to sue under the New York Franchise Act regardless of disclaimers in the franchise agreement.
Mr. Garner is listed in The Best Lawyers in America. 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 and New Jersey.