Franchising Law
Our attorneys earn their reputation every day by navigating a clear, results-driven legal path for our clients.
Franchising
Ansell Grimm & Aaron Franchising Law attorneys combine real-world franchise experience with strategic legal counsel to help clients grow their franchise and distribution systems. Clients seeking to franchise an existing business, or planning to buy into an existing system, rely on us to pre-empt and resolve potential exposures and issues across a broad range of industries.
Our attorneys are experts in both domestic and international franchising, providing strategic legal advice, whether you are interested in exploring the formation of a domestic franchise system, seeking to grow your existing system, or expanding your national brand or system internationally. We help clients create appropriate structures in line with business goals to protect their brand and assist them in managing their relationship with franchisees or distributors. We assist international companies seeking to expand into the United States, as well as advise and counsel master franchisees, regional and area developers, and multiunit franchisees.
Our attorneys have worked as in-house counsel for franchisors, as outside counsel to franchise systems, and as business executives in franchise companies operating in the U.S. and internationally. Clients also benefit from our ability to access appropriate legal counsel firmwide, drawing on our members’ experience in corporate finance, commercial litigation, creditors’ rights, intellectual property, labor and employment, and real estate law. Additionally, we have extensive experience in pre-litigation counseling, litigation, arbitration and mediation in trademark infringement, non-compete, collections, underreporting and encroachment claims.
Ansell Franchising Law attorneys combine real-world franchise experience with strategic legal counsel to help clients grow their franchise and distribution systems. Clients seeking to franchise an existing business or planning to buy into an existing system rely on us to pre-empt and resolve potential exposures and issues across a broad range of industries.
Ansell attorneys are experts in both domestic and international franchising, providing strategic legal advice, whether you are interested in exploring the formation of a domestic franchise system, seeking to grow your existing system, or expanding your national brand or system internationally. We help clients create appropriate structures in line with business goals to protect your brand and assist you in managing your relationship with franchisees or distributors. We assist international companies seeking to expand into the United States, as well as advise and counsel master franchisees, regional and area developers, and multiunit franchisees.
Our attorneys have worked as in-house counsel for franchisors, as outside counsel to franchise systems, and as business executives in franchise companies operating in the U.S. and internationally. Clients also benefit from our ability to access appropriate legal counsel firmwide, drawing on our members’ experience in corporate finance, commercial litigation, creditors’ rights, intellectual property, labor and employment, and real estate law. Additionally, we have extensive experience in pre-litigation counseling, litigation, arbitration and mediation in trademark infringement, non-compete, collections, underreporting and encroachment claims.
Typical Matters Handled
We focus on the representation of franchisors, area franchisors and multiunit developers, providing strategic advice and tactical solutions, including but not limited to:
- Creating an appropriate, right-sized, flexible franchise or distribution structure, whether creating a new system, adding to company-owned units or acquiring an existing franchise company
- Preparing Franchise Disclosure Documents (FDDs) with regulatory guidance, including state registration filing and assistance
- Structuring and negotiating master franchise agreements and regional/area developer programs
- Assisting with marketing, advertising, and operational and compliance programs and manuals
- Helping franchisors implement and manage compliance programs to enforce system standards with an emphasis on early intervention and mediation to avoid defaults and terminations
- Litigating to enforce franchise and master/area agreement terms and to resolve other franchise system disputes
Representative Matters
- Represented the purchaser of a Northeast regional restaurant franchise system; due diligence included all aspects of the system, including the franchise agreement and disclosure documentation and history, registrations, all trademarks and trade dress, franchise system manuals and all real estate.
- Reviewed many Franchise Disclosure Documents (FDDs), advising clients who were considering the purchase of a franchise in such areas as retail restaurant, health, automotive and various services areas.
- Successfully represented a multiunit franchisee with an internationally known multisystem restaurant franchisor in the renewal of the franchise agreement where the renewal terms initially offered to our client by the franchisor would have materially and negatively changed the franchisee’s rights.
- Working with an entrepreneur with a number of existing company-owned locations, we created a franchise system program encompassing a franchise agreement, franchise disclosure documentation, franchisee operations, marketing and training manuals, a sales compliance program for the franchisor, and a conversion process allowing company employees to become franchised owners.
- Negotiated the repositioning of the respective rights and obligations of a medical device manufacturer and our client, a regional, long-term, exclusive distributor, upon renewal of that distribution agreement.
- Negotiated the successful termination of our client’s area development rights and obligations with a franchisor that had too quickly expanded into geographic areas where the concept at issue was not readily received by consumers.
