Einbinder & Dunn, LLP is committed to providing high-quality, cost-effective solutions for all of its clients' legal problems. The partners and their experienced staff of associates take a hands-on approach to each matter. The attorneys are responsive and proactive, working only in each client's best interest to achieve superior results.

Can your business be franchised?

To help you determine whether you can franchise your business, Einbinder & Dunn suggests that you think about the following:

Question #1: Do you have a proven business concept?

Potential franchisees want to know that your franchise business concept has proven to be successful. Success can be measured in many different ways, including the profitability of your business, the number of years you have operated your business, the number of units you have operated, the size of your operation, and the strength and awareness of your brand.

Question #2: Do you have a strong brand?

Franchising is a method of expanding your business by granting a franchisee the license to operate a franchise using your trade name, trademark and trade dress. Other than the value of the knowledge of how to operate your business, much of the value associated with purchasing a franchise is attributed to the strength of the brand. Einbinder & Dunn can register your trademark and help develop the legal framework to protect and strengthen your brand.

Question #3: Is your business concept different from current businesses in the marketplace?

You can differentiate your business in many ways, including offering unique products and/or services, offering products and services at reduced prices, offering higher quality products or services, targeting different markets, or implementing a distinctive marketing strategy.

Question #4: Can you teach others how to operate your business?

One of the keys to franchising is teaching franchisees how to duplicate the way you operate your business. The easier it is to teach your proven business methods to a franchisee, the quicker it is for that franchisee to be up and running, and the likelier that franchisee will be able to duplicate the success of your business.

Question #5: Does your business have regional, national and/or international appeal?

The more marketable your franchise system is across various geographic areas, the greater the chance of success for your franchise system. Some franchise concepts do not work in certain geographic areas as well as in others. It is important to understand how marketable your franchise concept is and what geographic areas your franchise concept would appeal to. This market analysis would help you maximize the potential of your franchise system in those geographic areas that your franchise would operate in.

Question #6: Do you have a strong management team in place?

Running a franchise system involves a different skill set than operating your current business. To develop a successful franchise system, you will need, for example, personnel who can conduct the training program, employees who are knowledgeable in marketing and building brand awareness, and a sales staff to generate leads for potential franchisees as well as potential customers for the franchise system.

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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.

Services For Franchisors

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The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Einbinder & Dunn is pleased to announce the opening of its Westchester office. Located at 777 Westchester Avenue in White Plains, New York. Einbinder & Dunn represents clients in all types of Franchise Law matters.

Julie Lusthaus and Michael Einbinder will be speakers at the "36th Annual Forum on Franchising: Franchising in Full Animation," on October 16-18, 2013. Julie Lusthaus will be presenting "Fundamentals 201: Strategic Discovery Issues in Franchise Litigation" and Michael Einbinder is presenting "The Role of the Lawyer in a Franchisee's Due Diligence." For more information please click here.

Einbinder & Dunn, LLP will be exhibiting at the International Franchise Expo on June 20-22, 2013 at the Javits Center in New York City. For more information please click here.

Michael Einbinder has been listed among the top franchise lawyers by the Franchise Times for the past 10 years. The magazine bases this designation on peer recommendations and contributions to the franchise industry, such as writing for legal publications and speaking at franchise events. Additionally, Michael Einbinder has been entered into the Legal Eagles Hall of Fame.

Michael Einbinder spoke at the "First Annual New York Real Estate Career Expo," on March 14, 2013 at the New York Bar Building. For more information please click here

Two cases successfully handled by Einbinder & Dunn involving franchise agreement non competes are the subject of a story in the February issue of Franchise Times. To read the article click here

Michael Einbinder was a featured speaker at the event “Franchise Roundtable – Do’s and Don’ts of Franchisor FDD’s and Franchisee Compliance,” sponsored by Citrin Cooperman on Thursday, February 7, 2013. Click here for more information.

Einbinder & Dunn recently prevailed on behalf of a former franchisee in the child care industry. The Franchisor sought to enforce a noncompetition agreement and the court ruled that the Franchisor failed to establish irreparable harm or the public interest element of its injunction application and denied the motion. Click here for more information.

Michael Einbinder contributed a chapter in the ABA Forum Publication entitled "Covenants Against Competition in Franchise Agreements," Third Edition, published in the Fall of 2012.

Julie Lusthaus spoke at a workshop entitled "Career Alternatives: Franchising - It's NOT Just Burgers & Fries," on November 13th, 2012. The workshop was held at Webster Bank, One N. Broadway, White Plains, NY 10604. Click here for more information: Career Alternatives: Franchising - It's NOT Just Burgers & Fries

Michael Einbinder was interviewed on "The Voice of Manhattan Business" presented by the Manhattan Chamber of Commerce. The subject of discussion was "Introduction to Franchising" broadcasted through BlogTalkRadio live on Wednesday, October 10, 2012, at 12:00 Noon. Click here to listen to the interview.

Michael Einbinder and Julie Lusthaus participated in the Manhattan Chamber of Commerce Event for Veterans on May 22, 2012. This event provided veterans with information about owning their own businesses and owning franchises in particular.

Einbinder & Dunn exhibited at the International Franchise Expo on June 15-17, 2012 in NYC. This Expo was intended to be one of the most comprehensive learning experiences about franchising to be conducted. If you are interested in obtaining more information about this event or franchising in general, please contact us.

Michael Einbinder has been named a Legal Eagle by franchise-industry publication, Franchise Times. The magazine bases this designation on peer recommendations and contributions to the franchise industry, such as writing for legal publications and speaking at franchise events. Michael has received this recognition for the last seven years.

Julie Lusthaus was interviewed on WVOX 1460 AM by Marsha Gordon, President and CEO of The Business Council of Westchester about issues in franchising. Click here to listen to the interview.

Einbinder & Dunn, LLP
104 West 40th Street, Floor 20
New York, NY 10018
Toll Free: 866-490-4909
Phone: 212-391-9500
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New York Law Office

Westchester Office
777 Westchester Avenue, Suite 101
White Plains, NY 10604
Phone: 914-705-5417
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Westchester Law Office

Of Counsel Office
159 Millburn Avenue
Millburn, NJ 07041
Toll Free: 866-490-4909
Phone: 973-921-2000
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Millburn Law Office

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Einbinder & Dunn, LLP is a national law firm serving the needs of business clients throughout the United States. Our franchise lawyers also provide experienced representation in franchise law matters. The firm's New York practice includes the entire New York City metropolitan area.

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