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We perform a broad range of services for both franchisors and franchisees. Our experience in representing franchise companies allows us to address a broad range of franchise client needs, from representation in the occasional dispute to full and complete representation of national franchisors on a continuing basis. Our goal is to maximize efficiency for both new and mature franchise systems while structuring operations to minimize regulatory requirements. For clients with current franchise systems or those seeking to develop franchise systems, we draft the necessary disclosure documents, including Franchise Disclosure Documents (FDDs), and state registration of franchise offerings. In addition, we draft collateral agreements for franchise and distribution programs, including franchise agreements, real estate leases, master franchise agreements, equipment leases, construction contracts, software and trademark licenses, advertising programs and advertising fund materials, supply and support agreements, confidentiality agreements, and agreements relating to distribution systems. Our many years representing franchise systems allows us to assist franchisors in enhancing their interaction with their franchisees through relationship counseling. We counsel franchisors on technological and other developments that impact franchise and distribution companies, including advertising programs that maximize market penetration with minimal complexity. We are often asked to resolve disputes within a franchise system. Moreover, when the cooperative nature of a franchise system faces challenges that cannot be avoided through informal efforts, we provide effective and aggressive litigation counsel, representing clients in state and federal courts throughout the country. We have a wealth of experience in handling claims involving breach of contract, trademark and copyright infringement, franchise agreement termination, implied covenants of good faith and fair dealing, transfers, enforcement of system standards, restrictive covenants and covenants not to compete. |
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Franchise AttorneysPaul FranswayKarl Fink Cynthia York |
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