Franchise Law

The coverage of our Franchise Law Team is comprehensive. We are experienced in representing franchisors, distributors and franchisees. Our practice is oriented towards the diverse demands of industries that use franchising as a pattern of distribution, including restaurant and food distribution, automotive, hotels and lodging, construction and construction materials, industrial equipment, consumer products, alcohol distribution, motion picture distribution, bookselling and publishing, telecommunications, health care, agriculture and electronics. Our lawyers counsel clients and draft agreements, and they permanently give attention to the priority to avoid or guard against costly and time-consuming litigation. However, in case the need should arise, our litigation experience in this area is considerable and broad. Our expertise also extends to advising clients on antitrust issues arising in distribution chains, particularly pricing issues, as well as intellectual property issues, such as trademark, service mark and unfair competition claims. We have a thorough understanding of both the legal and business aspects of franchising, and we are committed to establish a long-term successful client relationship, based on the conviction to provide the highest quality legal services available.

Our group has high profiled experience in the following areas:

• Domestic/ international transactions with a franchising or distribution nexus
• Structuring franchise and distribution systems/ master development programs
• Expanding franchise and distribution programs domestically/ internationally
• Compliance with domestic/international franchise laws and regulations

• Mergers and acquisitions of franchise systems
• Establishment and protection of intellectual property rights
• Franchise relationship representation
• Domestic/ international dispute resolution, incl. mediation, arbitration, litigation

We frequently represent our clients in:

• Trademark, Trade Dress, Tradename and Patent Rights
• Confidentiality and Non-Compete Agreements
• Trade Secrets and Know-How
• Mediation/Arbitration
• Functional Discounts
• Quality Control
• Antitrust Tying and Vertical Restraints
• Franchise Fees/Royalties
• Brand Extensions
• Good Faith and Fair Dealing
• Fiduciary Duty
• Duty to Disclose
• Earnings Claims

• Territory Encroachment
• Advertising Funds
• Franchisee Councils and Associations
• Terminations
• Good Cause
• Inventory Buy-back
• Damages/Franchise Evaluation
• Exclusivity/Dualling
• Gray Marketeering/Transshipping
• Refusals to Deal
• Vicarious Liability
• Credit/Guarantees
• Bankruptcy