What is the basis for the Mecklenburg County Case filed by Bojangles and BRI?
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' 2025 Franchise Disclosure Document, the Mecklenburg County Case was filed on April 19, 2024, by Bojangles Restaurants, Inc. (BRI) and Bojangles against the Bojangles' of America Franchisee Association's (BFA) accounting firm, Berkowitz Pollack Brant, and the BFA itself. The basis for the case involves allegations of violating a Confidential Disclosure Agreement with BRI.
Specifically, Bojangles and BRI allege that Berkowitz Pollack Brant violated the Confidential Disclosure Agreement by sharing confidential information with the BFA. They further claim that the BFA tortiously interfered with this agreement by inducing the accounting firm to disclose the confidential information. Additionally, the case alleges 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 these motions were denied by the court on October 10, 2024, and November 6, 2024, respectively. A trial is scheduled for July 7, 2025, although Bojangles anticipates this date will be postponed due to the BFA and Berkowitz Pollack Brant's failure to produce requested documents and information during the discovery process. Bojangles intends to vigorously pursue its claims in the Mecklenburg County Case.