Franchising & Distribution

We determine the types of agreements our clients need and the information that should be included to set up franchise systems in simple, efficient ways and protect their valuable assets. While we draw from our previous work to promote efficiency, we also customize documents to the franchise’s unique culture and business goals.

To help our clients present their franchise business in a simple, straightforward manner, we write simple, concise, and straightforward contracts to be user-friendly without sacrificing the legal protection our clients expect and require.

In addition to preparing Franchise Disclosure Documents to meet Federal Trade Commission and state requirements, we help clients craft financial performance representations to assist potential franchisees in evaluating the franchise opportunity. Our team efficiently files and prosecutes state franchise registrations and exemptions and advises on the rules and risks of marketing the franchise opportunity, online and off, directly and through brokers.

Franchise systems are evolutionary. Franchisors learn through practice and routinely make changes to improve their systems, relationships, and operations based on their experience with current franchisees. We combine our legal advice and industry experience with your business judgment and expertise to efficiently manage the evolution of your franchise system. Our legal services include:

• Compliance with legal obligations in renewing or not renewing franchise agreements.
• Navigating both simple and complex ownership changes. 
• Structuring franchise advisory councils and advertising cooperatives.
• Negotiating and preparing workout arrangements to protect franchisor interests in bankruptcy and receivership situations.

We help franchisors and prospective franchisors seize opportunities to acquire or sell franchise systems and brands. Our multidisciplinary team manages all aspects of franchise transactions efficiently and effectively, including franchise buybacks, sale of company-owned units, lending arrangements, management agreements, and joint ventures.

Many of the ways we assist clients are aimed at preventing disputes and avoiding litigation. As such, we design compliance programs and technology and data policies to assure uniformity of image and communication across operations and help clients assess and respond to franchisee defaults and confidentiality, solicitation, and competition issues. 

When disputes are unavoidable, we fiercely protect and represent clients in state and federal trial and appellate courts and in arbitration and mediation. Our experience includes complex commercial litigation matters, such as class actions, intellectual property disputes, and consolidated and multi-party lawsuits, as well as federal and state regulatory agency investigations and enforcement actions.

As a full-service business law firm, we provide advice and counsel clients with other business matters that franchise businesses are likely to encounter. These include:

• Debt and equity financing
• Employment and labor
• Bankruptcy matters
• Supply chain management
• Tax matters
• Real estate transactions

With our broad understanding of franchise relationships and their operations, we bring a 360-degree perspective to effectively help franchisees or area representatives with the review, evaluation, and negotiation of area development and franchise agreements, the negotiation and sale of the franchise, and area representative rights. Our extensive work with franchisors brings tremendous value to the franchisees we represent.