Franchise Law

Among the ways we assist our franchisor clients:

  • Advise client whether its prospective or existing business operations/structure constitute a franchise for purposes of federal and/or state law
  • Advise client with respect to:
    • Whether its business is appropriate for franchising and/or ready to franchise
    • Financial, structural and psychological considerations in connection with determining whether to franchise, as well as alternatives to franchising
    • Planning and structuring the franchise system and various options for growth
    • Federal and state franchise laws and requirements for conducting a franchise offering and operating a franchise system in compliance with those laws
  • Advise client with respect to trademark availability and registration and file trademark applications
  • Advise client with respect to protecting trade secrets, copyrights and other intellectual property rights
  • Prepare and negotiate the Franchise Agreement, the Area Developer Agreement and related agreements
  • Prepare the Franchise Disclosure Document
  • Register the franchise offering with various registration states
  • Register the Franchise Agreement on the Franchise Registry to facilitate SBA financing for franchisees
  • Advise client with respect to its Operating Manual, franchise sales materials, franchise sales compliance and franchise system policies
  • Advise client with respect to franchisee and area developer relationships, including compliance with regulatory and contractual obligations, enforcing system standards and terminations of franchisees
  • Advise client, and assist with implementing, efficient processes for the administration of the franchise system
  • Advise client with respect to protecting its trademarks and franchise system on the internet
  • Review disputes with the franchisees and other parties and advise client on appropriate methods to resolve
  • Negotiate dispute resolution with the franchisee and other parties on the client's behalf
  • If  necessary, mediate, arbitrate or litigate with the franchisee and other parties to protect client's interests
  • Advise client in connection with purchase or sale of the franchise system