We collaborate with emerging and established franchisors and business owners to develop, operate, and protect franchise systems. Domestic and international franchise clients in a wide variety of industries, ranging from hospitality, quick service and fast causal restaurants, food and beverage, entertainment, and retail to professional services, auto care, and manufacturing, entrust our experienced and dedicated team of attorneys to represent them in disclosure, regulatory, transactional, and litigation matters relating to the operation of a franchise system. As a result of our team dedicating their practice to all issues confronting franchisors and franchise systems, Dinsmore has an intimate and practical understanding that enables us to effectively and efficiently help and support clients navigate their challenges and the applicable federal and state laws and regulations. Having experienced counsel with insider’s knowledge of that complex and evolving web is often a key difference between success and costly setbacks.
We help clients manage the impact of franchise and distribution laws in a strategic and efficient manner to establish a foundation for the development and long-term success of their business. Whether handling franchise disputes, regulatory and compliance matters, ongoing operational counsel, or transactional issues, our experienced franchise and distribution attorneys work closely with our clients’ business and in-house legal teams to efficiently and cost-effectively obtain their objectives. Clients can also rely on the backing of our national platform if matters lead into adjacent lanes connecting with our attorneys specifically experienced in the areas of corporate and tax law, trademark and copyright, antitrust law, litigation, employment law, private equity, government relations, consumer claims, tariff issues, and commercial real estate and finance, among others:
- Determining whether a franchising, licensing or distribution relationship is appropriate for their business
- Structuring the franchise, license or distribution system in compliance with all regulations, laws and statutes
- Advising franchisors on their day-to-day relationships with franchisees and franchise associations
- Ensuring compliance with relevant laws and regulations
- Assisting with the drafting of the full spectrum of franchise documents, including Franchise Disclosure Documents, franchise license and distribution agreements, as well as other agreements related to the operation of a business system
- Complying with registration and disclosure obligations and coordinating with regulators
- Developing strategic business plans and managing day-to-day disputes and pre-litigation efforts
- Representing our clients in litigation and arbitration issues on matters involving audit disputes, under reporting of sales, failure to pay royalties and advertising contributions, violations of trademark obligations, violations of post-termination non-competition and other restrictive covenants, encroachment issues, among others
- Assisting clients in assessing indemnity, defense and hold harmless provisions as well as taking action to address the same whether in shifting liability or accepting it
- Defending claims of fraud in the inducement, fraud, negligent misrepresentation, disclosure violations, encroachment, breach of contract, wrongful termination and tortious interference.
As a practice focused on all aspects of franchising, licensing, and distribution law, we help clients across the country and around the globe navigate through all stages of the complex maze to support their growth and minimize their legal risk.
Clients appreciate our ability to combine experience, client service, national resources and global connections to help them achieve their business objectives in an efficient and practical way.