Best Lawyers for Franchise Law in America

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Lawyer
  • Location:
    New Haven, Connecticut
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Trademark Law Franchise Law Litigation - Intellectual Property First Amendment Law Commercial Litigation
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law Commercial Litigation
Lawyer
  • Location:
    Southfield, Michigan
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Milwaukee, Wisconsin
  • Practice Areas:
    Franchise Law Commercial Litigation
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Corporate Law Corporate Governance Law Securities / Capital Markets Law Franchise Law Mergers and Acquisitions Law
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Leisure and Hospitality Law Franchise Law
Lawyer
  • Location:
    Okemos, Michigan
  • Practice Areas:
    Franchise Law Government Relations Practice
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Franchise Law Litigation - Intellectual Property Trademark Law
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Philadelphia, Pennsylvania
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    St. Louis, Missouri
  • Practice Areas:
    Franchise Law Antitrust Law Commercial Litigation Litigation - Antitrust Litigation - Intellectual Property Litigation - Mergers and Acquisitions Litigation - Securities
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Trademark Law Antitrust Law Copyright Law Franchise Law
Lawyer
  • Location:
    Des Moines, Iowa
  • Practice Areas:
    Insurance Law Franchise Law Corporate Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Tampa, Florida
  • Practice Areas:
    Litigation - Labor and Employment Litigation - Construction Franchise Law Commercial Litigation
Lawyer
  • Location:
    Omaha, Nebraska
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Trade Secrets Law Franchise Law Trademark Law
Lawyer
  • Location:
    Austin, Texas
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Philadelphia, Pennsylvania
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Philadelphia, Pennsylvania
  • Practice Areas:
    Franchise Law Litigation - Patent
Lawyer
  • Location:
    Ann Arbor, Michigan
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Intellectual Property Trademark Law Franchise Law Copyright Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Memphis, Tennessee
  • Practice Areas:
    Franchise Law Litigation - Intellectual Property Trademark Law
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Milwaukee, Wisconsin
  • Practice Areas:
    Commercial Litigation Litigation - Antitrust Franchise Law Litigation - Patent
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Advertising Law Litigation - Patent First Amendment Law Copyright Law Franchise Law Privacy and Data Security Law Media Law Trademark Law Entertainment Law - Theater Litigation - First Amendment Litigation - Intellectual Property Trade Secrets Law Commercial Litigation Entertainment Law - Music
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Commercial Litigation Franchise Law Litigation - Banking and Finance
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Litigation - Real Estate Franchise Law
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    New Haven, Connecticut
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Franchise Law Real Estate Law Closely Held Companies and Family Businesses Law Business Organizations (including LLCs and Partnerships) Litigation - Real Estate Nonprofit / Charities Law Litigation and Controversy - Tax Tax Law Trusts and Estates Litigation - Trusts and Estates
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Franchise Law Health Care Law Corporate Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Commercial Litigation Insurance Law Franchise Law Bet-the-Company Litigation
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Construction Law Bet-the-Company Litigation Commercial Litigation Professional Malpractice Law - Defendants Franchise Law
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Baton Rouge, Louisiana
  • Practice Areas:
    Franchise Law Banking and Finance Law Real Estate Law
Lawyer
  • Location:
    St. Louis, Missouri
  • Practice Areas:
    Franchise Law Commercial Litigation
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Bet-the-Company Litigation Appellate Practice Franchise Law Commercial Litigation
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Real Estate Law Franchise Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Real Estate Law Corporate Law Commercial Finance Law Franchise Law Administrative / Regulatory Law Financial Services Regulation Law Corporate Governance Law Litigation - Land Use and Zoning Banking and Finance Law Corporate Compliance Law Nonprofit / Charities Law Litigation - Banking and Finance Securitization and Structured Finance Law Project Finance Law Commercial Litigation Municipal Law Equipment Finance Law Land Use and Zoning Law Eminent Domain and Condemnation Law Mortgage Banking Foreclosure Law Litigation - Real Estate Litigation - Municipal
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Antitrust Law Franchise Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Louisville, Kentucky
  • Practice Areas:
    Corporate Law Banking and Finance Law Franchise Law Mergers and Acquisitions Law Financial Services Regulation Law
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Administrative / Regulatory Law Litigation - Securities Franchise Law Commercial Litigation Arbitration Bet-the-Company Litigation Mediation
Lawyer
  • Location:
    Raleigh, North Carolina Durham, North Carolina
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Commercial Litigation Litigation - Banking and Finance Bet-the-Company Litigation Franchise Law
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Venture Capital Law Corporate Law Franchise Law
Lawyer
  • Location:
    Wichita, Kansas
  • Practice Areas:
    Mergers and Acquisitions Law Financial Services Regulation Law Corporate Governance Law Project Finance Law Securities / Capital Markets Law Franchise Law Leveraged Buyouts and Private Equity Law Banking and Finance Law Real Estate Law Corporate Compliance Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law

  • Location:
  • Practice Areas:

Practice Area Definition

Franchise Law Definition

Franchise law is a complex combination of common law, statutory law, and regulatory law. The wide breadth of issues that arise in franchising has led to the emergence of franchise law as a distinct specialty, but it also draws from numerous practice areas including contracts, securities, trademarks and copyright, advertising, fraud and misrepresentation, antitrust, employment, and dispute resolution. Franchise attorneys generally are divided between regulatory compliance and counseling on the one hand, and dispute resolution on the other.

Regulatory Compliance and Counseling

Federal Presale Disclosure. Franchising is a heavily regulated industry. At the federal level, the FTC Franchise Rule requires franchisors to provide prospective franchisees with a detailed prospectus (Franchise Disclosure Document (“FDD”)) that contains information about the franchisor, the franchise system, the franchisor’s financial statements, and required agreements. Franchisors cannot make “financial performance representations” about the success of their franchisees unless the franchisor has substantiation and the information is included in the FDD. FDDs must be updated annually or more often if there are material changes to the FDD disclosures.

State Franchise Laws. Fifteen states have enacted laws that regulate pre-sale disclosure and registration. Some of the laws have disclosure requirements that vary from the FTC Franchise Rule, so the FDD may contain state-specific addenda or multiple FDDs may be necessary. These states require FDDs to become registered with a state agency before the franchisor is permitted to offer or sell franchises in the state. In addition, many states have passed laws that are designed to protect franchisees from what is perceived to be their inferior bargaining position compared to franchisors. These laws restrict the right of franchisors to terminate franchise agreements, disapprove transfers of franchises, discriminate between franchisees, require disputes to be resolved out of state, and similar limitations.

Counseling. Franchise attorneys must know the businesses and industries of their clients. They should be able to assist franchisors with franchise sales law compliance, negotiation of franchise agreements and supply arrangements, franchise agreement enforcement, system changes, franchisee renewals, franchisee terminations, franchisee transfers, pricing issues, and international franchising.

Dispute Resolution

Franchise agreements are typically long-term relationships. It is not unusual for franchisors and franchisees to have disputes that result in mediation, arbitration, and litigation. These disputes often stem from franchisees who are unprofitable or less profitable than expected, or franchisees may disagree with decisions made by the franchisor. Disputes also may result when a franchisor is unhappy with the way in which a franchisee is operating the franchise or when a franchisee refuses to pay royalties. Franchise disputes frequently involve allegations such as:

  • Fraud and misrepresentation
  • Breach of contract
  • Overcharging for supplies
  • Termination or non-renewal disputes
  • Violation of brand standards
  • Franchisee discrimination
  • Territory or encroachment issues
  • Transfer issues
  • Pricing and antitrust issues
  • Vicarious liability issues
  • Post-termination noncompetition covenants

Franchise law is a complex combination of common law, statutory law, and regulatory law. The wide breadth of issues that arise in franchising has led to the emergence of franchise law as a distinct specialty, but it also draws from numerous practice areas including contracts, securities, trademarks and copyright, advertising, fraud and misrepresentation, antitrust, employment, and dispute resolution. Franchise attorneys generally are divided between regulatory compliance and counseling on the one hand, and dispute resolution on the other.

Regulatory Compliance and Counseling

Federal Presale Disclosure. Franchising is a heavily regulated industry. At the federal level, the FTC Franchise Rule requires franchisors to provide prospective franchisees with a detailed prospectus (Franchise Disclosure Document (“FDD”)) that contains information about the franchisor, the franchise system, the franchisor’s financial statements, and required agreements. Franchisors cannot make “financial performance representations” about the success of their franchisees unless the franchisor has substantiation and the information is included in the FDD. FDDs must be updated annually or more often if there are material changes to the FDD disclosures.

State Franchise Laws. Fifteen states have enacted laws that regulate pre-sale disclosure and registration. Some of the laws have disclosure requirements that vary from the FTC Franchise Rule, so the FDD may contain state-specific addenda or multiple FDDs may be necessary. These states require FDDs to become registered with a state agency before the franchisor is permitted to offer or sell franchises in the state. In addition, many states have passed laws that are designed to protect franchisees from what is perceived to be their inferior bargaining position compared to franchisors. These laws restrict the right of franchisors to terminate franchise agreements, disapprove transfers of franchises, discriminate between franchisees, require disputes to be resolved out of state, and similar limitations.

Counseling. Franchise attorneys must know the businesses and industries of their clients. They should be able to assist franchisors with franchise sales law compliance, negotiation of franchise agreements and supply arrangements, franchise agreement enforcement, system changes, franchisee renewals, franchisee terminations, franchisee transfers, pricing issues, and international franchising.

Dispute Resolution

Franchise agreements are typically long-term relationships. It is not unusual for franchisors and franchisees to have disputes that result in mediation, arbitration, and litigation. These disputes often stem from franchisees who are unprofitable or less profitable than expected, or franchisees may disagree with decisions made by the franchisor. Disputes also may result when a franchisor is unhappy with the way in which a franchisee is operating the franchise or when a franchisee refuses to pay royalties. Franchise disputes frequently involve allegations such as:

  • Fraud and misrepresentation
  • Breach of contract
  • Overcharging for supplies
  • Termination or non-renewal disputes
  • Violation of brand standards
  • Franchisee discrimination
  • Territory or encroachment issues
  • Transfer issues
  • Pricing and antitrust issues
  • Vicarious liability issues
  • Post-termination noncompetition covenants