Practices and Industries
Print this pageFranchising And Licensing
Clients faced with a wide variety of franchising and licensing matters are provided with solid direction and action by the firm’s experienced lawyers. Some issues handled include:
- Initial business organization
- Structuring and documenting franchise and distribution programs
- Preparing disclosure and state registration of franchise offers, including registration, amendment and renewals
- Preparing or negotiating franchise and licensing agreements
- Company counsel on compliance with disclosure regulation and franchisee solicitation
- Company counsel on structuring distribution relationships to avoid regulation under state and federal franchise and business opportunity laws
- Managing everyday corporate and transactional issues with franchisees
- Planning trademark, agency and administrative service agreements
Counsel concerning disclosure requirements - Facilitating franchise and dealership terminations and transfers
- Preparation and negotiation of master franchise, sub-franchise, and area development agreements
- Representing franchise and distribution companies in litigation, arbitration, mediation, and other alternative dispute resolution techniques
- Counsel on complex antitrust issues that may affect the structure of a franchise or distribution network
- Local, state, federal and international taxation counsel concerning franchise and distribution arrangements
- Intellectual property matters counsel
Legal work may include complex tasks such as evaluating for franchisors the various antitrust issues arising out of the distribution of products or the operation of a franchised business.
Preparation of the disclosure statement or Uniform Franchise Offering Circular is a task that is required by state and federal law and is provided on behalf of the franchisor. Clients are also provided with services in the franchise/distribution areas as well as representation for franchisor and franchisee clients in connection with trade secrets, proprietary rights and trademark registration. Additionally, clients also are served by our firm’s extensive experience in negotiating and drafting licensing and related agreements for licenses of proprietary software and other intellectual property.