Overview

Franchise systems experience unique challenges and opportunities in growing their brands while also supporting the longevity and success of each franchise unit.  Our attorneys have extensive experience working with both franchisors and franchisees to help achieve their growth and business expansion goals and nurture positive relationships across the franchise system.

Collaboration is an Eastman & Smith core value.  Attorneys across practice groups work together to offer a wide range of legal solutions for franchise systems, including:

  • Preparation, revision and registration of Franchise Disclosure Documents, franchise agreements and related contracts.
  • Assistance with federal and state franchise laws and regulation compliance, including the Federal Trade Commission’s Franchise Rule.
  • Enforcement of franchise standards.
  • Terminations and transfers of franchises.
  • Intellectual property services including licensing, branding, trademarks, trade names and domain names.
  • Drafting agreements addressing confidentiality, franchise development, sales, branding and advertising/licensing, distribution, supply chain, technology and financing.
  • Development of labor and employment policies, with emphasis on joint employer considerations.
  • Review and advise on marketing, advertising and social media content for compliance.
  • General business advice encompassing entity choice, structure, growth, strategy and operation.
  • Representation of parties in litigation and alternative dispute resolution.
  • Data management and data privacy issues.
  • Mergers, acquisitions, divestures and joint ventures.
  • Real estate transactions including leases, sales and development.

Clients served come from a broad spectrum of industries encompassing accommodations, retail, restaurants, services, shipping and sports.

Our Franchising attorneys include members of the American Bar Association Forum on Franchising  and the International Trademark Association, as well as former in-house counsel for a major restaurant franchisor.

For franchisors and franchisees seeking legal guidance, please contact one of the Franchising attorneys.

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