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Practice Area Overview
This definition was published in partnership with national leading attorneys in franchise law, Zarco Einhorn Salkowski, P.A.
Franchise law is governed by many different rules and regulatory bodies and is a combination of common, statutory and regulatory law. In simple terms, these laws are a combination of both federal and state rules that govern the registration of franchises, the relationship between franchisors and franchisees, as well as the offer and sale of franchises. The Federal Trade Commission (FTC) oversees all aspects of Franchise Law on a federal basis.
Franchise attorneys provide legal resolutions to business transactions and disputes that often includes breach, contracts, copyright, employment, misrepresentation, securities, structuring, operating agreements, real estate, trademarks and transactions.
As a heavily regulated industry, franchising, at the federal level, requires franchisees to have Franchise Disclosure Documents (FFDs). At a state level, Franchise Law is contingent on state regulations which may impact the pre-sell process and franchise agreements, alter the information needed in the FFD and offer varying protections to franchisees.
Franchise lawyers help franchisees navigate legal landscapes that affects their ability to and operate their businesses effectively. Franchisees can seek assistance with protection of exclusive territories and encroachment, breaches of contract claims, unfair and deceptive trade practices by the franchisor, negligence and/or fraud by the franchisor, tortuous interference with the business relationship and insurance litigation and disputes, including business interruption and other loss of income and damages.
When disputes arise, franchise attorneys can be aggressive and strategic courtroom trial advocates through litigation, arbitration and mediation. Franchise lawyers, with a specialty as Commercial Litigation Trial Lawyers, can level the playing field against franchisors in business disputes, providing a valuable key to the courthouse when absolutely necessary.
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With years of experience in franchise and intellectual property law, Josh provides counsel or representation to established or high growth franchisors, technology development companies, service providers, distributors, and companies of all sizes in a wide array of industries. Whether looking to build or grow your business or protect valuable intellectual property, Josh applies his expertise in business transactions to guide his clients in the areas of franchising, mergers & acquisitions, ...
Shannon’s practice focuses on complex civil litigation. Shannon represents clients in various state and federal proceedings across the country as well as arbitration and FINRA hearings. Shannon has in depth experience representing clients in a wide variety of commercial issues including construction disputes, fiduciary claims, shareholder disputes, restrictive covenants, trade secrets, franchising, and landlord/tenant issues. She also works with clients on contract negotiations and busi...
Sarah is a trusted strategic advisor to motor vehicle manufacturers, guiding them through the distribution of their products within the extensive state and federal regulatory landscape. Her significant business law & transactional background make her uniquely positioned to find creative solutions to solve complex business problems for her clients. Sarah is a co-chair of BFKN’s Motor Vehicle Group and leads the Group’s transactional practice. With over a decade of experience in...
Laura A. Brenner is a shareholder in Reinhart’s Litigation Practice and chair of the firm’s Product Distribution and Franchise Team, a cross-disciplinary group comprised of both corporate and litigation attorneys. Her team practices at the forefront of the law affecting clients whose livelihood depends on buying or selling products and services. Representing a wide range of clients on a national and international level, Laura offers clients practical solutions to complex problems....
Alex obtained his J.D. degree from the George Washington University in 1996. Currently, Alex litigates franchise disputes, general commercial disputes and trade secret disputes in state and federal courts. In addition, Alex has handled numerous franchise and commercial disputes in arbitration proceedings throughout the country. Alex has also served as an arbitrator in actions between franchisees and franchisors. He is a member of the Florida Bar and is admitted to practice in Unites States Di...
Hal specializes in franchise and intellectual property litigation and arbitration. He also has a wide range of experience in trademark registration and commercial litigation. Hal is admitted to practice law in Colorado, Wyoming, and the District of Columbia as well as the United States Courts of Appeals for the 1st, 4th, 9th, 10th, and Federal Circuits. Hal is an approved arbitrator with the American Arbitration Association. He is a member of the American Bar Association’s Intellectual ...
Thomas M. Burnett is a shareholder in Reinhart’s Litigation Practice where he represents a variety of clients such as business owners, insurers, actuaries, and financial institutions as well as product manufacturers, developers and distributors. Tom has experience with a wide range of complex legal issues but concentrates his practice on product distribution and franchise litigation, false advertising and unfair competition, antitrust and trade regulation, and insurance and financial se...
The Business Services Practice Group at Fahey Schultz Burzych Rhodes, PLC focuses its practice on assisting clients grow their businesses. We assist clients to create a method of distributing the client's products or services to achieve the client's business goals. We assist clients in developing a corporate growth strategy, designing a distribution system, designing and documenting licensing relationships, or franchising the client's concept. We are experts in the regulatory requirements of ...
Technology firms, manufacturers, beverage companies, health care companies, nonprofits, and oil and gas companies have all benefited from John’s thoughtful, pragmatic strategic direction on corporate matters, including mergers and acquisitions, strategic alliances and agreements, and debt and equity financings. Whether you’re looking to raise capital, finance growth, or negotiate an acquisition agreement, John has the experience and acumen to help you meet your business goals. Joh...
Carmen D. Caruso is a trial lawyer first, and a franchise lawyer second. Carmen has tried more than 40 cases to decision in state and federal courts in Illinois and across the country. In addition, as an Arbitrator, he has presided over nearly 20 hearings in the last five years. The Carmen D. Caruso Law Firm is quite proud of the fact that it receives most of its business by referrals from other attorneys from all over the country, from former clients and from other professionals that are fam...
Harris Chernow, Partner in Reger Rizzo & Darnall's Philadelphia Office and Chair of the Firm's National Franchise & Distribution and Hospitality Practice Groups, has concentrated his practice on franchise, hotel, and business-related matters. Harris has developed his national franchise and hospitality practice by representing franchisors, franchisees, owners, brands, and distributors from coast to coast. He dedicates his practice to providing competent and effective counseling and gui...
Lou’s clients look to him to counsel them and solve business problems, especially in dealer, distribution, and franchise law, prior to litigation. Lou’s experience as a first chair trial attorney in a variety of commercial disputes puts him in a prime position to resolve disputes successfully and finally whether through settlement, judgment, or appeal. Lou is a commercial litigator and counselor who assists motor vehicle manufacturers and franchisors navigate a complex set of laws...
Ms. Cohen primarily concentrates her practice on domestic and international franchising, distribution and licensing law. She is co-head of her firm’s international franchise practice. Ms. Cohen advises both emerging and mature companies with respect to planning, structuring and implementing their franchise, distribution and licensing programs. Her experience includes drafting franchise, master franchise, license and distribution agreements; preparing franchise disclosure documents (FDDs...
Ron Coleman is an accomplished trial lawyer who thrives in big, complex cases. Throughout his 30-year career, Ron has helped his clients successfully resolve all manner of legal disputes, whether via negotiation, motion practice, alternative dispute resolution, trial, or appeal. Whether representing a plaintiff or defendant, his creative, sophisticated approach to resolving disputes is designed to help his clients reach the best possible outcomes consistent with their business goals. Ron repr...
J. Mark Dady is the Managing Partner of Dady & Gardner, P.A . Mark represents franchisees and dealers in all stages of their relationships with their franchisors/manufacturers, including negotiating the terms of his clients’ franchise/dealer agreements and litigating issues related to pre-sale misrepresentations and termination/non-renewal disputes. Mark has been a speaker at the ABA Forum on Franchising and has been published in a number of franchise periodicals.
J. Michael Dady is the Founding Member of Dady & Gardner. He and his partners have successfully represented franchisees and dealers in more than 400 different franchisee and dealer systems, and they serve as counsel to more than 20 different national franchisee and dealer associations. He has won multi-million dollar settlements and judgments, while obtaining precedent-setting ruling that are the foundation of this developing area of law.
Dan Deane is co-leader of the TCPA team and deputy leader of the Class Actions and Aggregate Litigation group. His practice focuses on defending businesses and individuals in high exposure complex civil and criminal litigation in state and federal court and before regulatory agencies. Dan’s clients include national and international businesses and individuals in a variety of industries with a focus in health care, insurance, and financial services. What do you focus on? My practice focu...
Matt DeAntonio is a business litigator who helps his clients navigate complex commercial disputes. His clients range from multinational corporations to closely held companies. He has tried multiple cases to jury verdict and has appeared in state and federal appellate courts. Matt brings a strategic, problem- solving approach to litigation and works tirelessly to achieve results that advance his clients’ business needs. A significant portion of Matt’s practice involves representing...
Mike's practice focuses on advising clients concerning antitrust and competition law, and intellectual property issues, as well as litigating those issues. His practice spans the breadth of the antitrust and intellectual property arena. His antitrust practice encompasses not only litigation and advising work, but also working with our corporate practice group on merger analysis and preparing transactions for premerger review pursuant to the Hart-Scott-Rodino Act. In addition to screening and ...
Robert M. Einhorn is a partner at Zarco Einhorn Salkowski, P.A. For over twenty- five years, Robert has focused on representing franchisees in litigation throughout the United States and internationally. He has represented franchisees from almost every major franchise system in the hotel, restaurant, and service industries. Robert holds a Bachelor of Business Administration degree from the University of Wisconsin-Madison, where he dual-majored in accounting and risk & insurance. He holds ...
Steven Feirman practices franchise and distribution law, with an emphasis on helping franchisors expand their franchise systems in the United States and in foreign jurisdictions. He has gained renown for his work at the intersection of franchising and antitrust, including pricing strategy and supply chain matters. What do you focus on? I am a former Federal Trade Commission lawyer, and I focus on helping well-established and emerging franchise systems develop their business models and expand ...
Doug is the chair of the Franchise and Distribution Law department at Robinson, Waters & O’Dorisio. His practice emphasizes franchising and distribution, intellectual property, commercial real estate and lending, securities, corporate, partnership, and limited liability company entities, and general commercial and business law. He is the firm’s most experienced attorney in franchise and distribution law. He provides counsel to several franchisors in both U.S. and international...
With more than 35 years of experience in the representation of motor vehicle manufacturers and distributors, Buddy has seen the economic expansions and retractions of the motor vehicle industry as well as the continual evolving nature of the law and business aspects of motor vehicle distribution at the wholesale and retail levels. While litigation may be necessary, Buddy strives to explore practical solutions that lead to a resolution in disputes that arise between parties. Buddy is based in ...
In private practice since 1989, Lane Fisher currently represents more than 250 franchised brands in business transactions and complex franchise litigation. Fisher is serving in his second six-year term as a member of the Board of Directors of the International Franchise Association. Fisher is a frequent speaker at franchise conferences and has written extensively on many aspects of franchising. Fisher has been identified both as a Pennsylvania Super Lawyer by Philadelphia Magazine and a Legal...
Joseph J. Fittante is a shareholder and member of Larkin Hoffman’s Corporate Law Department. He works in the franchise and distribution area advising franchisors on various topics, including structuring the franchise relationship and registration and disclosure issues. Joe also advises manufacturers on creating distribution networks that do not fall within the purview of state franchise or business opportunity laws and counsels his clients on the management of these networks. He routine...
Paul R. Fransway concentrates his practice on franchise, distribution, trademark and unfair competition law. He serves as primary franchise counsel for a number of national franchisors, and he helps them comply with disclosure and registration requirements under the Federal Trade Commission and various state laws. Mr. Fransway is also an expert in all aspects of franchise contract enforcement, including covenants not to compete, trademark infringement, and post-termination remedies, both in c...
Kaari-Lynn S. Gagnon was born in Seoul, Korea and grew up near Albany, New York. She graduated from Tufts University in May 2004 with a B.A. in Sociology, then earned her J.D. from the University of Miami School of Law in May 2007. During law school, Ms. Gagnon clerked for Zarco Einhorn Salkowski, P.A. Ms. Gagnon also had the opportunity to work at the Public Defender's Office of Rensselaer County, New York as a summer intern. Ms. Gagnon has been with the firm of Zarco Einhorn Salkowski, P.A....
Ronald Gardner is a partner at the top franchisee law firm Dady & Gardner, P.A. Hehas represented businesses in virtually all fifty states, including both single-owner and multi-unit franchisees. He has handled issues of unlawful termination, encroachment, and the franchisor's failure to comply with requirements of the FTC and state governments. He is also a nationally known speaker on franchise law and the Past Chair of the ABA's Forum on Franchising.
Susan advises clients on franchise and distribution law issues, including compliance with federal and state franchise and business opportunity laws. Clients are primarily franchisors with some large area developers, sub-franchisors, and multi-unit franchisees. Her clients range from startup franchisors to Fortune 500 companies. Susan is certified as a Franchise & Distribution Law Specialist by the California Board of Legal Specialization. Susan’s practice includes structuring franch...
Jeffery Haff is a Partner at Dady & Gardner . Jeff has successfully resolved, through litigation and arbitration, hundreds of contract and business disputes on behalf of his clients resulting in millions of dollars of settlements and awards for wronged dealers, distributors and franchisees. Honored with numerous accolades within the area of franchise law, he is also a regular speaker at the ABA Forum on Franchising's Annual Legal Symposium.
Robert Henkle, Jr. is a shareholder and former co-chair of Reinhart’s Corporate Law Practice where he provides legal counsel to clients ranging from large, national-public companies to closely held, mid-sized businesses. He has substantial experience assisting clients with business related concerns from startup through acquisition, operation, financing, and the sale of a business and frequently works with food industry, transportation industry, and financial institution clients. Bob reg...
Jeffery Haff is a Partner at Dady & Gardner . Jeff has successfully resolved, through litigation and arbitration, hundreds of contract and business disputes on behalf of his clients resulting in millions of dollars of settlements and awards for wronged dealers, distributors and franchisees. Honored with numerous accolades within the area of franchise law, he is also a regular speaker at the ABA Forum on Franchising's Annual Legal Symposium.
Mr. Holmes has more than 25 years of experience as a business lawyer, representing clients in arbitration and litigation as well as handling transactional matters. He also represents franchisors with respect to disclosure, relationship and termination issues. Mr. Holmes also helps clients in the matters of business organization, contracts, directors’ and officers’ liability, bankruptcy and intellectual property as well as trusts and estates. Mr. Holmes is an Eagle Scout and remain...
Andre R. Jaglom is chair of Tannenbaum Helpern’s Corporate practice and of its Franchise Law, Distribution and E-Commerce practice. Drew also leads the Firm’s multi-disciplinary Cybersecurity and Data Privacy practice. Drew regularly counsels clients in the distribution and marketing of goods and services. His distribution experience includes the establishment and restructuring of distribution networks; domestic and international distribution and supply contracts; mergers and acqu...
David J. Kaufmann is a founding member and senior partner of New York City’s Kaufmann Gildin Robbins & Oppenheim LLP. David - - partner-in-charge of Kaufmann Gildin’s franchise team - - is nationally acclaimed as one of America’s foremost franchise lawyers. The United States District Court for the Southern District Court of New York long ago held that “David Kaufmann is unquestionably an expert in franchise law.” The New York Times lauds David as “a law...
JoyAnn’s practice is primarily dedicated to franchise law, representing franchise clients in connection with transactional, regulatory compliance, and litigation matters. JoyAnn has extensive experience in representing a full array of franchisors, from emerging franchise concepts to mature brands and has served her clients across the entire spectrum of franchise issues. JoyAnn counsels brands on the development of franchise programs, inclusive of corporate structuring and drafting discl...
Marc J. Kessler is an experienced trial lawyer who is widely regarded as one of the nation’s preeminent business litigators. He has extensive experience with large scale, “bet-the-company” matters and is widely recognized for his ability to handle the most complex and critical litigation issues . Marc’s expertise includes complex commercial transactions, procurement, healthcare, trade secrets and non-competition, product liability, business torts, real estate, intellec...
Joel A. Klarreich is a partner in the New York City law firm of Tannenbaum Helpern Syracuse & Hirschtritt LLP, where he founded the firm's Staffing Industry practice. He joined Tannenbaum Helpern when it merged with Klein, Heisler & Klarreich, P.C. He specializes in business, corporate and employment law. Joel has more than 35 years of experience representing individual, multi-office and franchise staffing organizations with regard to corporate, merger and acquisition, administrative ...
A Partner at Dady & Gardner since 2001, Scott has devoted his efforts to helping the "little guys" enforce their rights against the "big guys". He has helped franchisee associations negotiate more reasonable franchise agreements system-wide (including a negotiation that was publicized in the 'Wall Street Journal'), and has stopped several unlawful terminations. A former full-time radio talk show host, Scott hosts a once a week radio show and is a regular speaker on franchise law.
Barry Kurtz represents national and international franchisors and franchisees. A Certified Specialist in Franchise and Distribution Law (by the State Bar of California Board of Legal Specialization), Barry is experienced in franchise development; state, national and international regulatory compliance and disclosure documents; unit sales and purchases; franchisor/franchisee transactions, and more. As Chair of Lewitt Hackman's Franchise & Distribution Practice Group, Barry also works close...
Nancy Lanard is passionate about her clients and their success. For over 25 years Nancy has prided herself in listening to her clients, thinking outside the box to respond to their needs and speaking to them in plain English and not legalese. With her years of experience as an in-house attorney and as a business owner herself, Nancy can better advise her business clients, and brings to the relationship an in-depth understanding and compassion for their business situations and needs.She is the...
Warren Lee Lewis serves as chair of Akerman’s Franchise & Licensing Practice, a highly experienced team that handles U.S. and international franchising, licensing, dealership and trademark counseling, registration and litigation matters for franchisors, licensors, subfranchisors, dealers and other business clients. In the field of franchising, Warren has authored books, studies, articles and regulatory comments, frequently speaks at U.S. and international franchise conferences, and ...
Bob’s practice focuses on business, franchise, and product distribution law, particularly in the automotive Industry. Growing up and working in his family’s automobile business not only gave Bob a thorough understanding of how companies are run, but also gave him unique insight into the special issues often associated with family-owned businesses. Bob is also very experienced in: Counseling large automotive dealer groups, single- and multi-location franchisees, family-owned manufa...
Managing Partner of Madigan, Dahl & Harlan, P.A. Over thirty (30) years’ experience as a civil trial lawyer practicing in the areas of administrative, antitrust, business, commercial, distributor, dealer, franchise, construction, employment, and environmental law. AV-rated by Martindale Hubbell for twenty-three (23) years, recognized as a “Super Lawyer” by the Minnesota Journal of Law and Politics for fourteen (14) years, and selected for inclusion in the 20 th Edition o...
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