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Franchise Law - America
About this Practice AreaWith years of experience in franchise and intellectual property law, Josh provides counsel or representation to established or high growth franchisors, technology development companies, service providers, distributors, and companies of all sizes in a wide array of industries. Whether looking to build or grow your business or protect valuable intellectual property, Josh applies his expertise in business transactions to guide his clients in the areas of franchising, mergers & acquisitions, ...
Sarah leads the transactional practice of the Firm’s Motor Vehicle Group. She helps motor vehicle manufacturers manage the distribution network for their products by assisting them with the appointment of new dealers, drafting and implementing new dealer agreements and operating standards, navigating the sale of a dealership and the manufacturer’s right of first refusal and terminating a dealership, and documenting the manufacturer’s repurchase obligations. She also advises ...
Laura A. Brenner is a shareholder in Reinhart’s Litigation Practice and chair of the firm’s Product Distribution and Franchise Team , a cross-disciplinary group comprised of both corporate and litigation attorneys. Her team practices at the forefront of the law affecting clients whose livelihood depends on buying or selling products and services. Representing a wide range of clients on a national and international level, Laura offers clients practical solutions to complex problems...
Alex obtained his J.D. degree from the George Washington University in 1996. Currently, Alex litigates franchise disputes, general commercial disputes and trade secret disputes in state and federal courts. In addition, Alex has handled numerous franchise and commercial disputes in arbitration proceedings throughout the country. Alex has also served as an arbitrator in actions between franchisees and franchisors. He is a member of the Florida Bar and is admitted to practice in Unites States Di...
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...
The Business Services Practice Group at Fahey Schultz Burzych Rhodes, PLC focuses its practice on assisting clients grow their businesses. We assist clients to create a method of distributing the client's products or services to achieve the client's business goals. We assist clients in developing a corporate growth strategy, designing a distribution system, designing and documenting licensing relationships, or franchising the client's concept. We are experts in the regulatory requirements of ...
Technology firms, manufacturers, beverage companies, health care companies, nonprofits, and oil and gas companies have all benefited from John’s thoughtful, pragmatic strategic direction on corporate matters, including mergers and acquisitions, strategic alliances and agreements, and debt and equity financings. Whether you’re looking to raise capital, finance growth, or negotiate an acquisition agreement, John has the experience and acumen to help you meet your business goals.
For more than 25 years Harris Chernow, Partner in Reger Rizzo & Darnall’s Philadelphia Office and Chair of the Firm's National Franchise & Distribution Practice Group, has concentrated his practice on franchise and business-related matters. Harris has developed his national franchise practice by representing franchisors, franchisees and distributors from coast to coast. He dedicates his practice to providing counsel and guidance to clients involved in franchise transactions and ...
Lou is a commercial litigator and counselor who assists motor vehicle manufacturers and franchisors navigate a complex set of laws governing how they interact with their franchisees, dealers, or distributors. For more than 20 years, Lou has represented clients in manufacturer dealer franchisor-franchisee, real estate, construction, intellectual property, business torts, complex contract, trade secret, and restrictive covenant disputes. His practice includes all aspects of pre-litigation couns...
Ms. Cohen primarily concentrates her practice on domestic and international franchising, distribution and licensing law. She is co-head of her firm’s international franchise practice. Ms. Cohen advises both emerging and mature companies with respect to planning, structuring and implementing their franchise, distribution and licensing programs. Her experience includes drafting franchise, master franchise, license and distribution agreements; preparing franchise disclosure documents (FDDs...
Ron Coleman is an accomplished trial lawyer who thrives in big, complex cases. Throughout his 30-year career, Ron has helped his clients successfully resolve all manner of legal disputes, whether via negotiation, motion practice, alternative dispute resolution, trial, or appeal. Whether representing a plaintiff or defendant, his creative, sophisticated approach to resolving disputes is designed to help his clients reach the best possible outcomes consistent with their business goals. Ron repr...
J. Mark Dady is the Managing Partner of Dady & Gardner, P.A . Mark represents franchisees and dealers in all stages of their relationships with their franchisors/manufacturers, including negotiating the terms of his clients’ franchise/dealer agreements and litigating issues related to pre-sale misrepresentations and termination/non-renewal disputes. Mark has been a speaker at the ABA Forum on Franchising and has been published in a number of franchise periodicals.
J. Michael Dady is the Founding Member of Dady & Gardner. He and his partners have successfully represented franchisees and dealers in more than 400 different franchisee and dealer systems, and they serve as counsel to more than 20 different national franchisee and dealer associations. He has won multi-million dollar settlements and judgments, while obtaining precedent-setting ruling that are the foundation of this developing area of law.
Dan Deane is co-leader of the TCPA team and deputy leader of the Class Actions and Aggregate Litigation group. His practice focuses on defending businesses and individuals in high exposure complex civil and criminal litigation in state and federal court and before regulatory agencies. Dan’s clients include national and international businesses and individuals in a variety of industries with a focus in health care, insurance, and financial services. What do you focus on? My practice focu...
Matt DeAntonio is a business litigator who helps his clients navigate complex commercial disputes. His clients range from multinational corporations to closely held companies. He has tried multiple cases to jury verdict and has appeared in state and federal appellate courts. Matt brings a strategic, problem- solving approach to litigation and works tirelessly to achieve results that advance his clients’ business needs. A significant portion of Matt’s practice involves representing...
Mike's practice focuses on advising clients concerning antitrust and competition law, and intellectual property issues, as well as litigating those issues. His practice spans the breadth of the antitrust and intellectual property arena. His antitrust practice encompasses not only litigation and advising work, but also working with our corporate practice group on merger analysis and preparing transactions for premerger review pursuant to the Hart-Scott-Rodino Act. In addition to screening and ...
Mark Dickinson is a member of the firm's Business, Finance, and Real Estate Department, and practices in the area of corporate and transactional law, with an emphasis on insurance regulatory matters, securities and corporate finance, mergers and acquisitions involving all sizes of businesses, and corporate governance. A significant portion of his practice is devoted to counseling Iowa domestic insurance companies, including with respect to matters pending before the Iowa Insurance Division. R...
Michael Einbinder has over thirty years of experience as a commercial litigator and business attorney. Michael has handled complex business cases in all courts and arbitration and mediation forums. His cases involve contract breaches, fraud, misappropriation of trade secrets, non-competition agreements, and shareholder disputes. A substantial portion of Michael's practice involves franchise clients in the restaurant, retail, hospitality, real estate, optical, recreation, home improvement, hea...
Robert M. Einhorn, a native of Cleveland, Ohio, received a Bachelor of Business Administration degree from the University of Wisconsin-Madison in 1986. He dual-majored in Accounting and Risk & Insurance. Robert attended law school at the University of Miami. During law school, Robert studied for and obtained his C.P.A. license in the State of Florida. Robert actively maintains his C.P.A. license and regularly attends seminars focused on the business valuation, accounting and damages issue...
Steven Feirman practices franchise and distribution law, with an emphasis on helping franchisors expand their franchise systems in the United States and in foreign jurisdictions. He has gained renown for his work at the intersection of franchising and antitrust, including pricing strategy and supply chain matters. What do you focus on? I am a former Federal Trade Commission lawyer, and I focus on helping well-established and emerging franchise systems develop their business models and expand ...
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. ...
Lloyd, better known as “Buddy,” is head of the Firm’s Waco office and a member of the Firm’s Motor Vehicle and Litigation Groups. Buddy focuses his practice on civil litigation and administrative law with an emphasis on motor vehicle manufacturers and distributors in dealer network matters. For more than 30 years, Buddy has represented manufacturers and distributors in front of state, federal and administrative judges in litigation arising out of business disputes and ...
Joseph J. Fittante is a shareholder and member of Larkin Hoffman’s Corporate Law Department. He works in the franchise and distribution area advising franchisors on various topics, including structuring the franchise relationship and registration and disclosure issues. Joe also advises manufacturers on creating distribution networks that do not fall within the purview of state franchise or business opportunity laws and counsels his clients on the management of these networks. He routine...
Paul R. Fransway concentrates his practice on franchise, distribution, trademark and unfair competition law. He serves as primary franchise counsel for a number of national franchisors, and he helps them comply with disclosure and registration requirements under the Federal Trade Commission and various state laws. Mr. Fransway is also an expert in all aspects of franchise contract enforcement, including covenants not to compete, trademark infringement, and post-termination remedies, both in c...
Kaari-Lynn S. Gagnon was born in Seoul, Korea and grew up near Albany, New York. She graduated from Tufts University in May 2004 with a B.A. in Sociology, then earned her J.D. from the University of Miami School of Law in May 2007. During law school, Ms. Gagnon clerked for Zarco Einhorn Salkowski, P.A. Ms. Gagnon also had the opportunity to work at the Public Defender’s Office of Rensselaer County, New York as a summer intern. Ms. Gagnon has been with the firm of Zarco Einhorn Salkowski...
Ronald Gardner is a partner at the top franchisee law firm Dady & Gardner, P.A. Hehas represented businesses in virtually all fifty states, including both single-owner and multi-unit franchisees. He has handled issues of unlawful termination, encroachment, and the franchisor's failure to comply with requirements of the FTC and state governments. He is also a nationally known speaker on franchise law and the Past Chair of the ABA's Forum on Franchising.
Michael Gibbens has handled a wide range of complex cases, including antitrust, appeals, aviation, construction, environmental, energy and natural resources, franchising, insurance, intellectual property, labor and employment and securities .A director in the firm’s Tulsa office, he is an honors graduate of Rice University (B.A., cum laude, 1978) and The University of Texas School of Law (J.D., 1981), where he was Order of the Coif. He served as a federal judicial law clerk for Judge Wi...
Susan advises clients on franchise and distribution law issues, including compliance with federal and state franchise and business opportunity laws. Clients are primarily franchisors with some large area developers, sub-franchisors, and multi-unit franchisees. Her clients range from startup franchisors to Fortune 500 companies. Susan is certified as a Franchise & Distribution Law Specialist by the California Board of Legal Specialization. Susan’s practice includes structuring franch...
David Gurnick is a State Bar Certified Specialist in Franchise and Distribution Law. He represents franchisors, franchisees and wide ranging businesses in litigation and transactions, anti-trust and competition, trademarks, copyrights and other intellectual property matters. Mr. Gurnick taught at University of California Irvine School of Law, testified in court as an expert witness and is the author of two books and numerous articles on distribution and franchising.
Jeffery Haff is a Partner at Dady & Gardner . Jeff has successfully resolved, through litigation and arbitration, hundreds of contract and business disputes on behalf of his clients resulting in millions of dollars of settlements and awards for wronged dealers, distributors and franchisees. Honored with numerous accolades within the area of franchise law, he is also a regular speaker at the ABA Forum on Franchising's Annual Legal Symposium.
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...
Debra began her legal career representing a national franchisor in 1991. Debra continues to focus her practice on brand expansion through franchising, dealerships and distributorships and trademark and brand protections. Her clients operate in a wide range of industries, including food & beverage, retail, construction, marketing, water remediation, trade services, personal services and transportation industries. She holds the highest achievable rating with Martindale Hubble Law Directory,...
Jeffery Haff is a Partner at Dady & Gardner . Jeff has successfully resolved, through litigation and arbitration, hundreds of contract and business disputes on behalf of his clients resulting in millions of dollars of settlements and awards for wronged dealers, distributors and franchisees. Honored with numerous accolades within the area of franchise law, he is also a regular speaker at the ABA Forum on Franchising's Annual Legal Symposium.
Keith Hutto is a partner of Nelson Mullins Riley & Scarborough LLP in Columbia where he practices in the area of business litigation, including business torts, class actions, contract law, unfair competition, false advertising, franchise and distribution litigation, fraud and financial matters.
Andre R. Jaglom regularly counsels clients in the distribution and marketing field, including the establishment and restructuring of distribution networks; negotiation and preparation of domestic and international distribution and supply contracts, as well as franchise offering circulars and agreements; establishment of e-commerce distribution agreements; counseling with respect to distributor and supplier relations; negotiating and structuring business transactions; and handling dealer termi...
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 ...
David J. Kaufmann is a founding member and senior partner of New York City’s Kaufmann Gildin Robbins & Oppenheim LLP. David - - partner-in-charge of Kaufmann Gildin’s franchise team - - is nationally acclaimed as one of America’s foremost franchise lawyers. The United States District Court for the Southern District Court of New York long ago held that “David Kaufmann is unquestionably an expert in franchise law.” The New York Times lauds David as “a law...
Marc J. Kessler specializes in several key areas of business litigation. His expertise includes complex commercial transactions, business torts, real estate, product liability, construction, bankruptcy, health care, intellectual property rights and toxic tort defense. Marc is an experienced trial and appellate litigator in both state and federal courts throughout the country. In addition to his substantial litigation experience, he provides strategic business counsel to numerous large corpora...
Joel A. Klarreich is a partner in the New York City law firm of Tannenbaum Helpern Syracuse & Hirschtritt LLP, where he founded the firm's Staffing Industry practice. He joined Tannenbaum Helpern when it merged with Klein, Heisler & Klarreich, P.C. He specializes in business, corporate and employment law. Joel has more than 35 years of experience representing individual, multi-office and franchise staffing organizations with regard to corporate, merger and acquisition, administrative ...
Practice Experience Mr. Kline's area of practice is complex commercial and international litigation. Since 1971, he has handled jury and non-jury trials in the state and federal courts in Florida and other jurisdictions and has conducted arbitrations under the ICC and the AAA. He currently serves as Panel Counsel for AIG's Directors and Officers Litigation Panel and AIG's Financial Services Complex Claims Panel. Representative matters include antitrust litigation involving price fixing, attem...
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...
A Partner at Dady & Gardner since 2001, Scott has devoted his efforts to helping the "little guys" enforce their rights against the "big guys". He has helped franchisee associations negotiate more reasonable franchise agreements system-wide (including a negotiation that was publicized in the 'Wall Street Journal'), and has stopped several unlawful terminations. A former full-time radio talk show host, Scott hosts a once a week radio show and is a regular speaker on franchise law.
Barry Kurtz represents national and international franchisors and franchisees. A Certified Specialist in Franchise and Distribution Law (by the State Bar of California Board of Legal Specialization), Barry is experienced in franchise development; state, national and international regulatory compliance and disclosure documents; unit sales and purchases; franchisor/franchisee transactions, and more. As Chair of Lewitt Hackman's Franchise & Distribution Practice Group, Barry also works close...
Franchise Law Definition
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.
Our Methodology
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.
The Process
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.
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