Franchising & Distribution Industry

Our promise: As a client of our franchise team, you will not be a number. When you need us, we will answer with the personalized attention you need and want. Our clients tell us, “We have never had such responsive counsel.”

UB Greensfelder’s team of internationally renowned franchise attorneys provides focused, strategic growth solutions and practical advice to business owners and franchisors. We provide valuable guidance through system growth, expansion abroad, and business acquisitions or mergers. Our relationships with clients are often continuous, and we’re here to handle not only large transactional matters or disputes but to offer sound day-to-day counsel.

OUR PROMISE

As a client of UB Greensfelder’s franchise team, you will not be a number. When you need us, we will answer with the personalized attention you need and want. Our clients tell us, “We have never had such responsive counsel.” We work to understand what your business is trying to do. This allows us to prepare documents that fit your business needs, rather than deferring to a standard form.

Who We Are

We are a one-stop shop for emerging and established franchisors, including those going international, providing sophisticated strategic planning across a variety of franchise categories. Our team of transactional attorneys helps put the right agreements into place and ensure compliance to minimize problems down the road. When disputes do arise, our franchise litigation team can assist with early dispute resolution as well as full litigation, including class action defense.

Our franchise team is honored to have received individual and group recognitions and awards, including Chambers USA, U.S. News - Best Law Firms Tier 1, and The Best Lawyers in America^®, among others. We believe these achievements reflect not only our attorneys’ individual talent and drive, but also the teamwork of our tight-knit group and strong collaboration with our client partners.

How We Help

Clients frequently seek our experience in the following areas:

Transactional

• Drafting and negotiation of franchise agreements and area development agreements
• Preparation and registration of franchise disclosure documents
• Mergers and acquisitions of and due diligence for franchise systems, including serving as special counsel on M&A deals
• Development and management of exemption-based franchise systems
• Compliance with business opportunity laws and registration
• Drafting and negotiation of domestic and international distribution and supply agreements
• Terminations and renewals
• Marketing, branding, and rebranding matters
• Advertising and social media
• Review of operations manuals
• Insurance liability, vicarious liability, and joint-employer issues
• Post-termination restrictive covenants
• Advice for lenders on loans for franchise transactions
• Alternatives to franchising
• Gift cards and loyalty programs, data privacy, data rights, and data breach
• Intellectual property protection, including trademark advice and registration

Litigation

• Mediation, arbitration, and litigation of franchise, antitrust, and regulatory issues
• Defense of breach of contract, terminations and non-renewals, violations of restrictive covenants, and other frequent franchise/distribution-related disputes
• All facets of class action litigation, from initial pleading challenges through class certification, trial or settlement and claims processes.
• Negotiation of state franchise, relationship, or sales representative disputes
• Dealing with federal and state administrative agencies
• Litigation of industry-specific matters, such as those involving state franchise relationship and disclosure laws, state motor vehicle franchise practices statutes, the Petroleum Marketing Practices Act and state motor fuel marketing laws, and state consumer protection statutes
• Intellectual property protection and enforcement

To keep our clients up to date on legal and industry developments, UB Greensfelder’s franchising and distribution attorneys frequently write and speak on franchise topics. For updates on recent developments in franchising law, read our Franchising & Distribution Law Blog.

Who We Help

We work with franchise systems in all stages – from start-ups to national and multi-national franchisors – and advise service- and product-based franchisors, distributors, and manufacturers, including food services, health care, real estate, motor fuel, hospitality, gyms, restaurants, insurance, and educational organizations. Our firm also counsels franchisors on other related matters, including employment, real estate, tax issues, non-compete and confidentiality agreements, and business succession planning.