Our team helps business owners structure franchise systems, which often includes an initial evaluation of whether a franchise model is the best approach for the situation.
If franchising is the chosen model, we work with business owners and their teams on the legal aspects of setting up a franchise system: corporate structuring questions, intellectual property protection, and structuring the franchise system and agreements to fit business goals. We assist with franchise law compliance and train business owners and the franchisor’s staff to help ensure legal compliance from the beginning.
Initial Franchise Registration and Agreements
As part of the initial planning and structuring of a franchise business, our attorneys assist in navigating the complexities of registration and exemptions. A critical initial step is to register the franchise with the appropriate state regulatory agencies, and we advise on how to comply with widely varying regulations. Attention to details at the beginning of the process can avoid later costs and delays.
For start-up franchises, our attorneys can prepare and review franchise disclosure documents and related agreements, including franchise and area development agreements and myriad others that franchise systems often use. In addition, as the system takes shape, our team can assist in:
- Drafting and reviewing employment agreements, incentive contracts, and operations manuals
- Real estate and tax issues
- Non-compete and confidentiality agreements
- Business succession planning
- Litigation avoidance and dispute resolution
Trademark and Copyright Services
As with any new business venture, intellectual property should be taken into consideration and protected accordingly. Trademarks – often referred to as the “heart of a franchise” – need to be registered and aggressively protected. We can assist with registering your trademarks with the U.S. Patent and Trademark Office or with foreign intellectual property authorities, counsel on how to protect proprietary marks, and draft any associated trademark license agreements. We also help protect copyrightable materials.
