Franchise Law

It is crucial for franchisees to understand the terms of their franchising agreements, particularly if franchisee must make an election between different industries or different franchisors within the same industry. Most franchisees have little or no bargaining power in negotiating the terms of franchise-related agreements, but we can explain the ramifications of these terms and ensure that the prospective franchisee makes an appropriate, informed decision.

In addition, we can advise individuals about corporate form and governance issues related to the franchise that will ensure that the franchisee can focus on operation and expansion of the franchise instead of worrying about personal liability issues.

We have significant experience representing local, regional and national clients whose diverse franchise businesses encompass the hospitality industry, including quick service restaurants and retail food establishments; and automobile distributors.

Our representation of franchisors has included developing contracts which form the basis for the franchisor's relationship with its franchisees; buyouts of franchisees; developing franchise programs; preparing franchise offering circulars in compliance with state and federal law and registering the sale of franchises with state authorities.

Franchisees may be subject to breach of contract actions for a number of reasons, including economic constraints and underperformance, issues regarding lack of performance by the franchisor and infringement of intellectual property terms during and after the franchise relationship. Our attorneys are experienced in guiding our clients through these issues. We advise franchisees on litigation avoidance and strive for practical, beneficial results in our defense against franchisor lawsuits.

Our representation of franchisees includes negotiating franchise and development agreements, assisting with obtaining financing and negotiating financing terms, initiating business operations and acquisition and development of franchises.

Legal services provided:

• Franchisor and Franchisee Representation
• Franchise Litigation
• Franchise Agreements and Area Development Agreements
• Franchise Co-operatives
• State and Federal Disclosure Documents and Registration
• Trademark, Service Mark and Copyright Protection

Contact Attorneys who Practice in This Area:

• Timothy J. Ramsey
• Harry J. Winograd