As franchisors and franchisees can attest, an in-depth knowledge and application of franchise laws must be addressed and considered in every aspect of their businesses. Our attorneys have knowledge and experience in advising franchised businesses, from conception through their continuing operations. In providing franchise advice, our franchise attorneys work closely with many other of the firm’s practice areas, including labor and employment, antitrust, intellectual property, real estate, mergers and acquisition, taxation, securities, corporate finance, contract enforcement and litigation.
Our attorneys are knowledgeable about compliance obligations imposed by the Federal Trade Commission and the franchise and business opportunity laws enacted in certain states. Our experience includes drafting Uniform Franchise Offering Circulars and the various franchise, distribution, and related agreements entered into between franchisors and their franchisees and vendors, as well as negotiating or interpreting such documents on behalf of franchisees.
As a material part of any franchise system, our attorneys advise clients on methods to protect their trademarks, trade secrets, copyrights and other intellectual property that comprise the uniqueness of each franchise operation. If the need arises, our attorneys have significant experience in enforcing intellectual property rights, and defending claims for infringement of such rights.
Our franchise practice group has experience in representing both franchisors and franchisees. The following list details the types of issues in which our attorneys assist franchise clients:
- Drafting UFOCs and Franchise Agreements
- Compliance with Disclosure Obligations
- State Registration Requirements
- Trademarks and Trade Secret Protection
- Intellectual Property Infringement Actions
- Mergers and Acquisitions of Franchise Systems
- Franchise Agreement Construction and Operation
- Geographic Area Restriction Disputes
- Non-Compete Clauses
- Pricing and Supply Complaints
- Anti-Competition and Unfair Business Practice Issues
- Revocability and Forfeiture of Franchises
- Injunctive Relief to Protect Franchises