Best Lawyers for Franchise Law in America

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Lawyer
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    First Amendment Law Commercial Litigation Trademark Law Litigation - Intellectual Property Franchise Law
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Commercial Litigation Franchise Law
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:
    Denver, Colorado
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Franchise Law Leisure and Hospitality Law
Lawyer
  • Location:
    Okemos, Michigan
  • Practice Areas:
    Franchise Law Government Relations Practice
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Trademark Law Litigation - Intellectual Property Franchise Law
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Philadelphia, Pennsylvania
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    St. Louis, Missouri
  • Practice Areas:
    Litigation - Securities Litigation - Antitrust Franchise Law Commercial Litigation Litigation - Intellectual Property Litigation - Mergers and Acquisitions Antitrust Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Franchise Law Copyright Law Antitrust Law
Lawyer
  • Location:
    Des Moines, Iowa
  • Practice Areas:
    Corporate Law Franchise Law Insurance Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Tampa, Florida
  • Practice Areas:
    Commercial Litigation Franchise Law Litigation - Labor and Employment Litigation - Construction
Lawyer
  • Location:
    Omaha, Nebraska
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Franchise Law Trademark Law Trade Secrets Law
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Philadelphia, Pennsylvania
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Ann Arbor, Michigan
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Copyright Law Litigation - Intellectual Property Trademark Law Franchise 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:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Milwaukee, Wisconsin
  • Practice Areas:
    Litigation - Antitrust Franchise Law Commercial Litigation Litigation - Patent
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Media Law Copyright Law Entertainment Law - Theater First Amendment Law Franchise Law Commercial Litigation Advertising Law Litigation - First Amendment Litigation - Intellectual Property Litigation - Patent Trademark Law Trade Secrets Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Franchise Law Litigation - Banking and Finance Commercial Litigation
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate Franchise Law Litigation - Intellectual Property
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Tax Law Litigation - Real Estate Real Estate Law Closely Held Companies and Family Businesses Law Business Organizations (including LLCs and Partnerships) Litigation and Controversy - Tax Nonprofit / Charities Law Franchise Law Trusts and Estates Litigation - Trusts and Estates
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Franchise Law Corporate Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation 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:
    Columbia, South Carolina
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Minneapolis, Minnesota
  • Practice Areas:
    Franchise Law
Lawyer
Jason M. Murray was awarded  "Lawyer of the Year" in

Jason M. Murray

Gunster, Yoakley & Stewart, P.A.
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law Commercial Litigation Litigation - Labor and Employment
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:
    Franchise Law Construction Law Commercial Litigation Bet-the-Company Litigation Professional Malpractice Law - Defendants
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Baton Rouge, Louisiana
  • Practice Areas:
    Real Estate Law Franchise Law Banking and Finance Law
Lawyer
  • Location:
    St. Louis, Missouri
  • Practice Areas:
    Franchise Law Commercial Litigation
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Appellate Practice Franchise Law Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Real Estate Law Franchise Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Hartford, Connecticut
  • Practice Areas:
    Litigation - Antitrust Franchise Law Commercial Litigation
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Franchise Law Real Estate Law Commercial Litigation Equipment Finance Law Land Use and Zoning Law Financial Services Regulation Law Project Finance Law Administrative / Regulatory Law Mortgage Banking Foreclosure Law Securitization and Structured Finance Law Corporate Law Nonprofit / Charities Law Municipal Law Corporate Governance Law Litigation - Banking and Finance Litigation - Real Estate Litigation - Land Use and Zoning Banking and Finance Law Eminent Domain and Condemnation Law Corporate Compliance Law 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 Mergers and Acquisitions Law Banking and Finance Law Financial Services Regulation Law Franchise Law
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Franchise Law Commercial Litigation Administrative / Regulatory Law Bet-the-Company Litigation Mediation Arbitration Litigation - Securities
Lawyer
  • Location:
    Raleigh, North Carolina Durham, North Carolina
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Salt Lake City, Utah
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Dallas, Texas
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Franchise Law
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Franchise Law Bet-the-Company Litigation Commercial Litigation Litigation - Banking and Finance
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Franchise Law Venture Capital Law Corporate Law
Lawyer
  • Location:
    Wichita, Kansas
  • Practice Areas:
    Real Estate Law Mergers and Acquisitions Law Corporate Compliance Law Franchise Law Leveraged Buyouts and Private Equity Law Banking and Finance Law Project Finance Law Securities / Capital Markets Law Financial Services Regulation Law Corporate Governance 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