Franchise

The Holland & Knight Franchise Team is committed to providing focused, integrated and responsive legal counsel concerning franchise law. Considering your individual business objectives, our lawyers assist franchisors and franchisees with a wide range of franchise law matters, both domestic and international. We recognize that the success of franchising in our competitive economies depends upon our client’s ability to properly structure, maintain and control their franchise business relationships.

Initiating Your Franchise Programs

The Holland & Knight attorneys comprising the business and litigation practice areas have extensive experience and knowledge of the initial structuring, organization and operation of franchised businesses. Based on your organizational requirements, we develop recommendations on the risks and/or benefits concerning methods of distribution, licensed goods and services, commercial and antitrust implications of various distribution systems, trademark protection and licensing, compliance with federal and state laws and related litigation.

To establish franchising as a method of distributing products or services, you can utilize our team to:

• structure and document franchise and distribution programs
• prepare disclosure documents and state registration of franchise offers and sales including registration and amendments
• provide advice on compliance with disclosure regulations and franchisee solicitation, including advice on the FTC's amended franchise rules effective July 1, 2007
• recommend ways of structuring distribution relationships to avoid regulation under state and federal franchise and business opportunity laws
• negotiate and prepare master franchise, sub-franchise, and area development agreements
• address the complex antitrust issues that may affect the structure of a franchise or distribution network
• provide information on compliance with local, state, federal and international taxation issues concerning franchise and distribution arrangements
• address issues or concerns regarding various intellectual property matters
• assist with the conversion of company-owned or licensed systems to franchised distribution

Ongoing Management, Maintenance and Control

Utilizing the firm’s diverse experience, our multidisciplinary Franchise Team works closely with you to provide integrated advice and counsel concerning the management and direction of your existing franchise programs. You can count on Holland & Knight’s commitment to assist you with your ongoing franchise activities and needs including:

• expansion and reorganization of existing franchise systems
• recommendation of necessary revisions to your Franchise Disclosure Documents (FDDs) to ensure ongoing compliance
• drafting of corresponding franchise agreements and related documents such as confidentiality and non-competition agreements
• ongoing coordination with state regulatory authorities
• advice with respect to advertising materials related to the sale of franchises
• preparation of amendment and renewals of disclosure documents and state registration of franchise offers
• representation of franchise and distribution companies in litigation, arbitration, mediation, and other alternative dispute resolution techniques