Franchise & Licensing

We understand the complexities of franchise laws and regulations and their impact on franchisors’ disclosure and compliance obligations, as well as the implications of these laws and regulations on the franchisor-franchisee relationship. Through helping our clients navigate these legal areas, our goal is to assist our clients in unlocking the power of their brands and business concepts through franchising, while providing trusted guidance to avoid potential pitfalls and missteps in pursuit of the franchise business model.

The services we provide our franchisor clients include:

• Structuring and formation of new franchise systems and related governance documents and agreements
• The preparation, review and update of franchise disclosure documents (the FDD), franchise agreements, and ancillary documents and agreements
• Compliance and regulatory assistance, including compliance with the FTC Franchise Rule and assistance with the registration of franchise offerings in registration states
• Annual FDD and periodic disclosure updates and franchise renewal filings
• Assistance with franchisee relations, including counseling regarding disclosure and sales requirements and best practices, assistance with transfers, defaults and terminations, and dispute resolution
• Assistance with trademark registration and intellectual property protections for franchise systems
• Mergers and acquisitions of franchise systems
• Protection and enforcement of brand standards, including advice and guidance on protective covenants and restrictions

We also advise current franchisees, and those who are considering purchasing a franchise offering, with the review of their FDD and franchise agreement and negotiations with franchisors. Given both our expertise regarding the franchise relationship and our extensive mergers and acquisitions experience, we are also uniquely qualified to represent both buyers and sellers of existing franchised businesses in the tri-party relationship among buyer, seller and franchisor.

We also counsel our clients to help them identify when a licensing arrangement is appropriate to advance their business objectives.  Accordingly, we have also assisted with the preparation and negotiation of licensing agreements across a variety of industries.