Fatburger litigation history

The franchisor

Concluded (4)

• Tatum Global Services, LLC, Cory Tatum and Twyla Tatum vs. Fatburger North America, Inc. and Buffalo’s Franchise Concepts, Inc.

  settled

  Brought by a franchisee · filed 2024 · United States District Court for the Eastern District of Virginia (removed from the Circuit Court for Prince William County, Virginia); then AAA arbitration · 1:24-cv-354

  “… (United States District Court for the Eastern District of Virginia, Case No. 1:24- cv-354: Fatburger and BFCI entered into franchise agreements with Tatum Global Services, LLC for the operation of a co-branded Fatburger® and Buffalo’s Express® franchise in Manassas, VA.”Page 19 of the 2026 FDD, Item 3

  Outcome: “Pursuant to the settlement, Fatburger and BFCI, collectively, paid $40,000 to the Tatums’ bankruptcy estate, and in exchange the parties mutually released any and all claims against each other. Further, the arbitration and U.S. District Court – Eastern District of Virginia action were dismissed, with prejudice.” (page 20)

  Within this matter, as the filing narrates it

  • AAA arbitration between Fatburger/BFCI and the Tatums (AAA Case No. 01-24-0005-3846)

    settled

    Brought by a franchisee · names the franchisor · filed 2024-05-10 · American Arbitration Association · 01-24-0005-3846

    “The arbitration was commenced on May 10, 2024 – AAA Case No. Case 01-24-0005-3846.”Page 19 of the 2026 FDD, Item 3

  Counted as one matter, the way Item 3 groups it.

• Ieman Shahi vs. Fatburger North America, Inc., Andrew Alan Wiederhorn, Taylor Andrew Wiederhorn, et al

  dismissed

  Brought by a franchisee · filed 2019-07-08 · Superior Court for the State of California for the County of Los Angeles · 19STCV23772

  “… Superior Court for the State of California for the County of Los Angeles, Case No. 19STCV23772 (July 8, 2019). On July 8, 2019, Ieman Shahi (“Shahi”) filed a complaint against FBNA as well as Andrew A. Wiederhorn and Taylor A. Wiederhorn.”Page 21 of the 2026 FDD, Item 3

  Outcome: “The case was dismissed on October 21, 2021.”

• Commonwealth of Virginia ex rel. State Corporation Commission v. Fatburger North America, Inc.

  settled

  Government or regulatory action · Virginia State Corporation Commission, Division of Securities and Retail Franchising · SEC-2022-0042

  “(Case No. SEC-2022-0042, Settlement Order entered February 21, 2025, Final Order entered April 23, 2025). This matter involves allegations by the Virginia State Corporation Commission’s Division of Securities and Retail Franchising (the “Division”) that Fatburger North America, Inc., when seeking an exemption from the registration requirements of the Virginia Retail Franchising Act”Page 20 of the 2026 FDD, Item 3

  Outcome: “of settlement in the amount of Five thousand Dollars ($5,000) in civil penalty and Five Hundred Dollars ($500) to defray the costs of investigation. The Division accepted the settlement and entered the final order.” (page 21)

• Commonwealth of Virginia ex rel. State Corporation Commission v. Fatburger North America, Inc.

  settled

  Government or regulatory action · Virginia State Corporation Commission · SEC-2022-00034

  “(Case No. SEC-2022-00034, Settlement Order entered Jul. 12, 2023, Final Order entered Oct. 23, 2023). This matter involves allegations by the Virginia State Corporation Commission’s Division of Securities and Retail Franchising that Fatburger North America, Inc., offered and sold 3 Virginia franchises”Page 20 of the 2026 FDD, Item 3

  Outcome: “FBNA reached a settlement in principle in May 2023, without admitting or denying the allegations, and agreed: (a) to offer the affected franchisees an opportunity to rescind their franchises; (b) to pay $27,000 to the Commonwealth of Virginia; and (3) not to violate the Virginia franchise law in the future.”

Parent, affiliates, master franchisor and subfranchisor

Pending (1)

• Mitchell Kates v. FAT Brands, Inc., Andrew Wiederhorn, Kenneth J. Kuick and Robert G. Rosen

  pending

  FAT Brands Inc. ('Parent' / 'FAT') and officers Andrew Wiederhorn, Kenneth J. Kuick and Robert G. Rosen · filed 2024-06-07 · United States District Court for the Central District of California · 2:24-cv-04775-MWF-MAA

  “Case No. 2:24-cv-04775-MWF-MAA) On June 7, 2024, plaintiff Mitchell Kates, a putative investor in FAT, filed a putative class action lawsuit against FAT, Andrew Wiederhorn, Kenneth J. Kuick and Robert G. Rosen, asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934”Page 19 of the 2026 FDD, Item 3

Concluded (4)

• Robert J. Matthews, et al., v. FAT Brands, Inc., Andrew Wiederhorn, Ron Roe, Rebecca Hershinger and Ken Kuick

  settled

  FAT Brands Inc. and officers Andrew Wiederhorn, Ron Roe, Rebecca Hershinger and Ken Kuick · filed 2022-03-18 · United States District Court for the Central District of California · 2:22-cv-01820

  “… (United States District Court for the Central District of California, Case No. 2:22-cv-01820). On March 18, 2022, plaintiff Robert J. Matthews, a putative investor in the Company, filed a putative class action lawsuit against the Company”Page 20 of the 2026 FDD, Item 3

  Outcome: “In August 2022, after mediation the parties agreed to settle the litigation. Pursuant to the settlement, FAT agreed to pay on behalf of the defendants $2,500,000 in cash and $500,000 in Class A common stock of FAT to the class plaintiffs, the plaintiffs released all claims against the defendants, and the case was dismissed with prejudice in February 2023.”

  Within this matter, as the filing narrates it

  • Kerry Chipman putative class action (consolidated as In re FAT Brands Inc. Securities Litigation)

    settled

    Brought by a third party · names the parent company · FAT Brands Inc. and officers · filed 2022-04-25 · United States District Court for the Central Division of California

    “On April 25, 2022, Kerry Chipman, another putative investor in the Company, filed a second putative class action lawsuit against the Company, Andrew Wiederhorn, Ron Roe, Rebecca Hershinger and Ken Kuick in the United States District Court for the Central Division of California, asserting substantially the same claims as those made by Matthews in the above-referenced lawsuit.”Page 20 of the 2026 FDD, Item 3

  Counted as one matter, the way Item 3 groups it.

• Adam Vignola, et al. v. FAT Brands Inc., et al.

  settled

  FAT Brands Inc. and the 'Original Defendants' · filed 2018-08-24 · United States District Court for the Central District of California · 2:18-cv-07469

  “… United States District Court for the Central District of California, Case No. 2:18-cv-07469. On August 24, 2018, the Original Defendants were named as defendants in a putative securities class action lawsuit entitled Vignola v. FAT Brands, Inc., Case No. 2:18-cv-07469-PSG-PLA”Page 21 of the 2026 FDD, Item 3

  Outcome: “On September 25, 2020, the parties executed a Settlement Agreement and Mutual Release pursuant to which lead plaintiffs agreed to dismiss their individual claims against defendants with prejudice in exchange for a payment by or on behalf of defendants of $75,000. On October 13, 2020, the Court ordered the stipulated dismissal of this action, with prejudice, in its entirety.” (page 22)

• Eric Rojany, et al. v. FAT Brands Inc., et al.

  settled

  FAT Brands Inc., its officers and directors, Fog Cutter Capital Group Inc. and Tripoint Global Equities, LLC (the 'Original Defendants') · filed 2018-06-07 · Superior Court of California for the County of Los Angeles · BC708539

  “… Superior Court of California for the County of Los Angeles, Case No. BC708539, filed on June 7, 2018 against FAT Brands, Inc., Andrew Wiederhorn, Ron Roe, James Neuhauser, Edward H. Rensi, Marc L. Holtzman, Squire Junger, Silvia Kessel, Jeff Lotman, Fog Cutter Capital Group Inc., and Tripoint Global Equities, LLC”Page 22 of the 2026 FDD, Item 3

  Outcome: “On January 6, 2021, the parties executed a Settlement Agreement and Mutual Release pursuant to which plaintiff agreed to dismiss his individual claims against defendants with prejudice in exchange for a payment by or on behalf of defendants of $50,000.”

  Within this matter, as the filing narrates it

  • Alden v. FAT Brands

    dismissed

    names the parent company · FAT Brands Inc. and the 'Original Defendants' · filed 2018-08-02 · Superior Court of California for the County of Los Angeles · BC716017

    “On August 2, 2018, the Original Defendants were named defendants in a second putative class action lawsuit, Alden v. FAT Brands, Case No. BC716017 (the “Alden Case”), filed in the same court. On September 17, 2018, the Rojany and Alden Cases were consolidated under the Rojany Case number.”Page 22 of the 2026 FDD, Item 3

  Counted as one matter, the way Item 3 groups it.

• P&K Food Market, Inc. vs. Buffalo’s Franchise Concepts, Inc., Fog Cutter Capital Group, Shaun Curtis, Andy Wiederhorn et al.

  dismissed

  Brought by a franchisee · Buffalo's Franchise Concepts, Inc. (affiliate), Fog Cutter Capital Group, Shaun Curtis and Andy Wiederhorn · filed 2018-07-13 · Superior Court of California for the County of Los Angeles · 18STLC09534

  “Case No. 18STLC09534 (July 13, 2018). On July 13, 2018, P&K Food Market, Inc. (“P&K”) filed a complaint against Buffalo’s Franchise Concepts, Inc., Fog Cutter Capital Group, Shaun Curtis, and Andy Wiederhorn for Breach of Contract, Fraudulent Misrepresentation”Page 21 of the 2026 FDD, Item 3

  Outcome: “The case was dismissed on February 13, 2019 because Plaintiff should have filed for Arbitration first pursuant to the terms of the Franchise Agreement.”