Established processes to reclaim a substantial number of franchised territories after private equity’s purchase of a media company.
Represented franchisees for various national franchises on numerous issues including the sale and acquisition of existing franchises.
Represented sellers and purchasers in over $100MM in equity and asset sales involving franchises, restaurants, construction, manufacturing, and other commercial enterprises.
Lead negotiation for $15MM direct loan for a franchisee to finance the equipment purchase and development of restaurant sites for its franchise business. Real estate aspects of the loan transaction involved multiple takedowns and placements of mortgages in five states.
Prepared and negotiated leases/ground leases on behalf of numerous tenants including Buffalo Wild Wings franchisee, Ruby Tuesday franchisee, Big Boy International, Snap Fitness franchisee, Blackrock Bar & Grill franchisee, along with several commercial leases for office, warehouse and manufacturing space for local, regional and national corporate entities.
Represented restaurant franchisor in dispute with terminated consultants. Successfully identified anonymous internet speaker who allegedly sent defamatory emails to franchisees.
Represented restaurant franchisor in disputes with franchisees alleging fraudulent inducement of franchise agreements. Successfully litigated and mediated resolutions of disputes.
Represented healthcare franchisor in mediation over terms of franchise agreement.
Represented a tutoring franchisor in litigation against a franchisee that continued using the franchisor's trade secrets, marks, and trade dress following termination of the franchise agreement. We prevailed against the franchisee's efforts to have the claims dismissed and removing the case to federal court, and obtained an injunction enjoining franchisee's wrongful conduct following an evidentiary hearing.
Represent franchisors in connection with state administrative inquiries regarding alleged franchise law violations.
Acted as interim in-house general counsel for 12 months for Big Boy Restaurants International, a regional family restaurant franchisor, in matters such as advising, directing, and handling the legal aspects of franchising, leasing, construction, employment, insurance, property sales, trademark, and various other day-to-day legal matters as they arose.
As counsel to regional, national, and international franchise companies, we regularly prepare and update franchise disclosure documents and assist them in maintaining related state registrations.
Consult with franchisors to help them develop strategies for preparing financial performance representations.
As associate member of International City/Counties Management Association, developed whitepaper and lobbying strategy utilized to defeat effort to federalize cable franchising.
Assist start-up and emerging franchise brands in preparing their franchise offering documents and in complying with their legal obligations.
Negotiate and prepare agreements on behalf of franchisors, including franchise agreements, multi-unit development agreements, area representative agreements, confidentiality and non-compete agreements.
Review, analyze, and negotiate franchise agreements on behalf of prospective franchisees.
Represented telecommunications companies in supervising division activities related to the transfer of over $100B in cable franchises.
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