Practice Area Overview
This definition was published in partnership with national leading attorneys in franchise law, Zarco Einhorn Salkowski, P.A.
Franchise law is governed by many different rules and
regulatory bodies and is a combination of common, statutory and regulatory law.
In simple terms, these laws are a combination of both federal and state rules
that govern the registration of franchises, the relationship between franchisors
and franchisees, as well as the offer and sale of franchises. The Federal Trade
Commission (FTC) oversees all aspects of Franchise Law on a federal basis.
Franchise attorneys provide legal resolutions to business transactions and disputes that often includes breach, contracts, copyright, employment, misrepresentation, securities, structuring, operating agreements, real estate, trademarks and transactions.
As a heavily regulated industry, franchising, at the federal level, requires franchisees to have Franchise Disclosure Documents (FFDs). At a state level, Franchise Law is contingent on state regulations which may impact the pre-sell process and franchise agreements, alter the information needed in the FFD and offer varying protections to franchisees.
Franchise lawyers help franchisees navigate legal landscapes that affects their ability to and operate their businesses effectively. Franchisees can seek assistance with protection of exclusive territories and encroachment, breaches of contract claims, unfair and deceptive trade practices by the franchisor, negligence and/or fraud by the franchisor, tortuous interference with the business relationship and insurance litigation and disputes, including business interruption and other loss of income and damages.
When disputes arise, franchise attorneys can be aggressive and strategic courtroom trial advocates through litigation, arbitration and mediation. Franchise lawyers, with a specialty as Commercial Litigation Trial Lawyers, can level the playing field against franchisors in business disputes, providing a valuable key to the courthouse when absolutely necessary.
Harold R. Bruno, III specializes in franchise and intellectual property litigation and arbitration. He also has a wide range of experience in trademark registration and commercial litigation. He received his undergraduate degree in finance with honors in 1982 from the University of Illinois and his law degree in 1985 from the University of Colorado. Bruno is admitted to practice law in Colorado and the District of Columbia as well as the United States Court of Appeals for the 1st, 4th, 9th, 1...
Douglas R. Ferguson received two B.S. majors in Business Finance and Business Marketing from the University of Utah in 1975. He received his J.D. degree from the University of Denver College of Law in 1981, where he was the recipient of the University of Denver’s Award of Excellence in Securities Regulations. Doug’s practice emphasizes franchising; real estate and lending; securities; corporate, partnership, and limited liability company entities; and commercial and business law. ...
Lynne’s practice concentrates on franchising and distribution regulatory law, and she has represented franchisors in general business, regulatory, and transactional matters for more than 20 years. Lynne has worked with dozens of franchise systems, many of which she represents in the capacity of outside general counsel. Her work spans clients of all sizes and across many industries, including retail, home care, food and beverage, both in the United States and internationally. Outside Gen...
Dave concentrates in a number of commercial areas, including franchise, distribution, real estate, mergers and acquisitions, and private equity. His experience as a former in-house attorney with an international franchise company allows him to understand legal representation from both sides of the table. His work involves representing franchisors in various industries, food manufacturers and other developers from early stage to multi-national expansion, addressing issues related to franchise ...
Craig regularly advises clients on a variety of commercial legal issues in the areas of franchise and distribution, real estate, corporate, brewing and distilling, and trademark law. In his practice, he often acts as lead outside general counsel to his clients, helping them navigate through the complex legal issues in their transactions. Craig has over 18 years of legal experience and, before joining Moye White, was an attorney at multiple large national and international law firms. Franchise...
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison