Against whom did Bojangles and BRI file the Mecklenburg County Case?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
We and BRI filed the Mecklenburg County Case on April 19, 2024 against the BFA's accounting firm, Berkowitz Pollack Brant, for violating a Confidential Disclosure Agreement with BRI, against the BFA for tortiously interfering with the Confidential Disclosure Agreement by inducing the accounting firm to share our confidential information with the BFA in violation of the Confidential Disclosure Agreement, and against both the accounting firm and the BFA for conspiring to violate the Confidential Disclosure Agreement. The accounting firm and the BFA both filed motions to dismiss the Mecklenburg County Case. On October 10, 2024, the court issued an order denying the accounting firm's motion to dismiss, and on November 6, 2024, the court issued an order denying the BFA's motion to dismiss. Trial is currently scheduled for July 7, 2025, but we expect this date to be continued in light of the failure of the BFA and Berkowitz Pollack Brant to produce documents and information in discovery. We intend to vigorously pursue our claims in the Mecklenburg County Case.
Source: Item 3 — LITIGATION (FDD pages 15–17)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles and BRI (Bojangles Restaurants, Inc.) filed the Mecklenburg County Case on April 19, 2024. The defendants in this case are Berkowitz Pollack Brant, the BFA's (Bojangles' of America Franchisee Association) accounting firm, and the BFA itself.
The basis for the Mecklenburg County Case involves a Confidential Disclosure Agreement with BRI. Bojangles and BRI allege that Berkowitz Pollack Brant violated this agreement by sharing confidential information with the BFA. They further claim that the BFA tortiously interfered with the agreement by inducing the accounting firm to disclose the confidential information. Additionally, Bojangles and BRI assert that both the accounting firm and the BFA conspired to violate the Confidential Disclosure Agreement.
Both the accounting firm and the BFA filed motions to dismiss the Mecklenburg County Case, but the court denied these motions on October 10, 2024, and November 6, 2024, respectively. As of the FDD's publication, a trial was scheduled for July 7, 2025, although Bojangles anticipates this date will be postponed due to alleged delays in document and information production by the BFA and Berkowitz Pollack Brant. Bojangles states its intention to vigorously pursue its claims in the Mecklenburg County Case.