Counsel to Media Company
Represented a media company where following its purchase by a private equity company, we established processes to reclaim a substantial number of franchised territories after their defaults.
Counsel to Franchisees
Represented franchisees for various national franchises on numerous issues including the sale and acquisition of existing franchises.
Counsel to Food Service Provider
Counsel to food service provider on all matters including franchise matters, food commissaries/distribution, litigation, tax compliance, and real estate transactions.
Counsel in Equity and Asset Sales
Represented sellers and purchasers in over $100MM in equity and asset sales involving franchises, restaurants, construction, manufacturing, and other commercial enterprises.
$15MM Direct Loan for Restaurant Sites
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.
Chapter 11 – $4.3MM Disposition of Over 30 Franchised Restaurants
Counsel for first-position secured lender in related Chapter 11 cases which culminated in the $4.3MM disposition of over 30 locations of franchised fast casual restaurants under Section 363 of the Bankruptcy Code.
Real Estate Commercial Leases
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.
Anonymous Internet Speaker Identified for Defamatory Emails and Franchisor Exonerated
Represented restaurant franchisor in dispute with terminated consultants. Successfully identified anonymous internet speaker who allegedly sent defamatory emails to franchisees.
Successful Mediation of Restaurant Franchisor Disputes
Represented restaurant franchisor in disputes with franchisees alleging fraudulent inducement of franchise agreements. Successfully litigated and mediated resolutions of disputes.
Healthcare Franchisor Mediation
Represented healthcare franchisor in mediation over terms of franchise agreement.
Franchisor Obtains Injunction
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.
Counsel to Franchisors in State Administrative Matters
Represent franchisors in connection with state administrative inquiries regarding alleged franchise law violations.
In-House Counsel for Big Boy Restaurants
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.
Counsel for Franchise Companies
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.
Counsel to Franchisors
Consult with franchisors to help them develop strategies for preparing financial performance representations.
Cable Franchising – Efforts to Federalize Defeated
As associate member of International City/Counties Management Association, developed whitepaper and lobbying strategy utilized to defeat effort to federalize cable franchising.
Franchise Offering and Legal Compliance Matters
Assist start-up and emerging franchise brands in preparing their franchise offering documents and in complying with their legal obligations.
Counsel to Franchisors
Negotiate and prepare agreements on behalf of franchisors, including franchise agreements, multi-unit development agreements, area representative agreements, confidentiality and non-compete agreements.
Represented Franchisor in Bankruptcy and Intellectual Property Matters
Represented a franchisor in connection with a terminated franchisee's bankruptcy and the debtor's attempt to continue using the franchisor's trademarks, trade names, and service marks.
Review, analyze, and negotiate franchise agreements on behalf of prospective franchisees.
Counsel to Telecommunications Companies
Represented telecommunications companies in supervising division activities related to the transfer of over $100B in cable franchises.