Comprehensive Transaction & Litigation Services for Franchisors
Einbinder & Dunn's extensive experience representing both start-up and established franchisors gives the firm a Unique Perspective in servicing the franchisor. The firm provides a full range of services in all aspects of developing, registering, offering for sale, operating, restructuring and expanding franchisor businesses. It has represented 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.
For start-ups, Einbinder & Dunn assists in determining whether franchising is the proper method to further develop their business, creating a franchise program, drafting disclosure documents and other franchise-related agreements, and preparing/filing disclosure documents for state registration where necessary.
For existing franchisors, the firm conducts a comprehensive review of the franchisor's current disclosure document and related agreements to seek 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.
For all franchisor clients, the firm provides the full range of legal services:
- The preparation of a detailed memorandum analyzing the franchisor's current disclosure document and agreements along with proposed modifications
- All matters relating to franchise law compliance and the development of an in-house compliance department
- The negotiating and closing of franchise sales
- All matters relating to the franchisor-franchisee relationship, including dispute avoidance and resolution
- Trademarks for use in connection with the franchise system
- The drafting of all agreements
- The best methods to protect and license trademarks, trade secrets and other intellectual property
- All real estate matters, including property acquisition, lease and sublease preparation, and drafting agreements with third parties with or without relation to the franchise system
- Methods to minimize legal and business risk exposure in connection with the franchise system
- The development of the optimal corporate structure for enabling the franchisor and its affiliates to separate their various streams of revenue from one another, thereby shielding valuable assets from possible litigation
- Day-to-day business counseling
Franchisor Litigation & Alternative Dispute Resolution
Einbinder & Dunn has a great deal of experience representing franchisors in litigation in state and federal courts throughout the U.S. On behalf of franchisor clients, the firm has successfully brought claims against franchisees to enforce non-competition and non-disclosure agreements, to protect the franchisor's trademarks, services marks, trade dress and other intellectual property, and defended franchisor clients in actions brought by franchisees relating to alleged breaches of franchise agreements. In addition, Einbinder & Dunn's experience in the areas of arbitration and mediation allows it to develop efficient, cost-effective dispute resolution services when appropriate.
For more information, watch the following videos where Michael Einbinder explains Franchising Basics for Franchisors & Franchisees:
To conclude this four part presentation, Michael Einbinder explains franchisor claims including royalty claims and liquidated damages. He also discusses franchisee claims, such as FSA claims and breach of contract, and talks about civil remedies, litigation and arbitration.
- Franchise Law Overview
- Services For Franchisors
- Services for Franchisees
- Franchise Real Estate
- Representative Franchise Systems
- Franchise Dispute Resolution: Litigation, Arbitration & Mediation
- Franchise News / Case Notes
- Franchise Articles & Media
- Franchise Resources
- Franchising Successes
- Bankruptcy and Franchising
- Group or Association Claims
- Commercial Litigation
- Business Law
- Real Estate
For questions or additional information about Einbinder & Dunn's franchise law services, please contact Einbinder & Dunn by clicking here to fill out a contact form or by calling 866-490-4909 or 212-391-9500 to speak with one of the firm's partners.