Franchisors Services
Einbinder & Dunn has extensive experience representing both start-up and established franchisors. The firm has represented clients who offer franchises nationally in a variety of industries including restaurant services, home maintenance and improvement, real estate, pet care, garbage removal, home child care services and others.
For start-ups, Einbinder & Dunn assists in determining whether franchising is the proper method to further develop their business, creating a franchise program, drafting disclosure documents and other franchise related agreements, and preparing/filing disclosure documents for state registration where necessary.
For existing franchisors, the firm conducts a comprehensive review of the franchisor's current disclosure document and related agreements to seek to ensure that the franchisor has complied with all state and federal regulations and that the agreements insulate the franchisor from problems that often arise during the franchisor-franchisee relationship.
For all franchisor clients, the firm provides the full range of legal services:
- Preparation of FDDs and related agreements.
- All matters relating to franchise law compliance.
- The development of the franchisor's business and legal structure.
- Trademarks for use in connection with the franchise system.
- All real estate matters.
- Third-party agreements.
- The negotiation and closing of franchise sales.
- All matters relating to the franchisor-franchisee relationship.
Einbinder & Dunn also assists franchisor clients in disputes with their franchisees, including:
- Termination issues.
- Enforcement of non-competition agreements.
- Trademark disputes.
- Defense of claims asserted by franchisees.
Einbinder & Dunn has a great deal of experience representing franchisors in litigation in state and federal courts throughout the U.S. On behalf of franchisor clients, the firm has successfully brought claims against franchisees to enforce non-competition and non-disclosure agreements, to protect the franchisor's trademarks, services marks, trade dress and other intellectual property and defended franchisor clients in actions brought by franchisees relating to alleged breaches of franchise agreements. In addition, Einbinder & Dunn's experience in the areas of arbitration and mediation allows it to provide effective alternative dispute resolution services when appropriate.
For further information, please see our FAQs for franchisors.
