Einbinder & Dunn, LLP has extensive experience representing both start-up and established franchisors. Einbinder & Dunn provides a full range of services to its franchisor clients in all aspects of developing, registering, offering for sale, operating, restructuring and expanding their franchise businesses. E&D represents franchisor clients who offer franchises nationally in a variety of industries including restaurant services, home maintenance and improvement, real estate, pet care, garbage removal, and home child care services.

Einbinder & Dunn counsels its start-up franchisor clients in determining whether franchising is the proper method to further develop their business (Is Your Business Franchisable?). Once a start up franchisor decides to pursue franchising their business concept, Einbinder & Dunn assists in creating a franchise program, drafts disclosure documents and other franchise related agreements, and prepares and files disclosure documents for registration in registration states and all other states requiring notice or filing.

For existing franchisor clients, Einbinder & Dunn conducts a comprehensive review of the franchisor’s current disclosure document and related agreements to ensure that the franchisor has complied with all state and federal regulations and that the agreements insulate the franchisor from problems that often arise during the franchisor-franchisee relationship (Comprehensive Franchise Review). The firm also assists its existing franchisor clients in converting their current disclosure documents into the new Federal Trade Commission required Franchise Disclosure Document (FDD) format (FDD Conversion).

The firm counsels all of its franchisor clients on all matters relating  to franchise law compliance and advises clients in developing their in-house compliance department. Einbinder & Dunn assists franchisors in negotiating and closing the sale of franchises, advises franchisors in all matters relating to the franchisor-franchisee relationship, including dispute avoidance and resolution, and registers trademarks for use in connection with the franchise system. E&D drafts agreements and counsels clients on the best methods to protect and license their trademarks, trade secrets and other intellectual property, assists franchisor clients in all real estate matters, including lease and sublease preparation and drafts agreements with third parties with or without relation to the franchise system. The firm also counsels clients on methods to minimize legal and business risk exposure in connection with the franchise system and provides day to day business counseling.

For all of our franchisor clients and other corporate clients, Einbinder & Dunn works with clients to develop an optimal corporate structure for their business. Due to the firm’s litigation experience, Einbinder & Dunn understands that a well developed corporate structure is vital in shielding valuable assets from possible litigation, especially in the context of a franchise system where affiliates of the franchisor are often involved in the operation of the franchise system. The corporate structure is designed to enable the franchisor and its affiliates to separate their various streams of revenue from one another and to allow for greater flexibility in the ownership composition of the franchisor and its affiliates while simultaneously maximizing the protection of valuable assets from litigation.

Einbinder & Dunn also has experience in representing franchisors in litigation nationwide in state and federal courts, arbitration and mediation. On behalf of franchisor clients, the firm has successfully brought claims against franchisees to enforce non-competition and non-disclosure agreements and to protect the franchisor’s trademarks, services marks, trade dress and other intellectual property. The firm also has successfully defended franchisor clients from actions brought by franchisees relating to alleged breaches of franchise agreements, including encroachment, improper termination, diminution of franchisee territories, and post-termination matters, among many others issues.

Because of its experience in providing transactional, litigation and dispute resolution services to both franchisor and franchisee clients, the firm has acquired a unique perspective on the franchisor-franchisee relationship. With its keen understanding of issues that often arise during the course of this relationship, E&D is well positioned to safeguard its franchisor clients from possible dangers. In that context, the firm counsels its franchisor clients and drafts all disclosure documents and franchise related agreements with a view towards protecting its franchisor clients. Where legal disputes with franchisees or third-parties do arise, Einbinder & Dunn’s vast litigation and dispute resolution experience enables it to represent its franchisor clients in mediation, arbitration and litigation nationwide.

The firm is committed to providing high quality cost effective solutions for its clients. The partners and their experienced staff of associates and paralegals apply a hands-on approach to each matter, offering clients the individual attention that larger firms cannot. Our attorneys are responsive and proactive, working only in each client's best interest to achieve superior results.

If Einbinder & Dunn can assist you, please contact E&D via telephone at (212) 391-9500 or email at info@ed-lawfirm.com.

Other Franchise Law sections:

• Einbinder & Dunn’s Franchise Practice
• Services for Franchisors
• FAQ’S for Franchisors
• Amended FTC Rule and FDD Conversion
• Is Your Business Franchisable?
• Comprehensive Franchise Review
• Services for Franchisees
• FAQ’S for Franchisees
• Representative Franchise Systems
• Franchise Articles and Media
• Franchise News/Case Notes
• Useful Links and Resources