Client Services / International / Franchising, Licensing and Distribution

Franchising, Licensing and Distribution

We represent companies at all stages of growth from start-up franchisors to large conglomerates converting to franchising to mature franchisors in areas including:

  • Developing and structuring franchise, licensing and distribution programs
  • Preparing of U.S. and international franchise, license and distribution agreements and related documents
  • Preparing and effecting state registration of franchise offering documents (the Uniform Franchise Offering Circular)
  • Counseling on franchise and business opportunity law compliance
  • Advising on acquisitions and dispositions of franchise systems, including due diligence, deal structure and related issues and documentation
  • Advising on applicability of franchise and business opportunity laws
  • Advising on dispute resolution and franchise and dealership termination matters
  • Advising on joint ventures, co-branding and intellectual property leveraging strategies and preparing and negotiating related agreements
  • Advising on methods for protecting trademarks and other intellectual property
  • Business and strategic planning on franchising and related growth strategies
  • Developing franchising compliance training systems and instructional manuals

In addition to preparing critical franchising and licensing agreements and ensuring regulatory compliance, the group's services also include the development and structuring of innovative distribution channels, strategic planning and corporate transactional work for growing franchising, licensing and emerging companies.

The Franchising, Licensing and Distribution Group provides clients with cutting edge advice on the intersection between franchising and the internet and related communications technologies. Our lawyers have worked with a wide variety of "netcentric" companies that have chosen U.S. and international franchising as strategies to build their brands and achieve more rapid market penetration. Members of the group also have experience in preparing, structuring and negotiating technology development agreements, co-branding and web-linking agreements, as well as complex software development and licensing agreements. Members of the Franchising, Licensing and Distribution Group have also worked with a wide variety of franchisors and emerging growth companies on the restructuring and conversion of their distribution channels to include an internet presence that will co-exist with their traditional channels.

The group enjoys strong working relationships with federal and state regulators, the business media, the International Franchise Association, the Canadian Franchise Association and the leaders of various franchise associations worldwide, as well as with prominent franchising consultants, investment bankers and other resources that may be helpful in meeting clients’ growth objectives. The group has served as the sole U.S. liaison to EF* LAW since 1993, an internationally recognized consortium of European franchise lawyers, and is active in the International Franchise Association's Educational Foundation.

OUR APPROACH ~ The Franchising, Licensing and Distribution Group prides itself on taking a pragmatic and strategic approach toward the representation of its growing clients. Lawyers in the group are interested in establishing long-term and strategic relationships with clients and work closely with key members of each client’s management team in order to facilitate the achievement of business plans and growth objectives. We also work closely with our clients’ accountants, consultants and other advisors to better advise clients on the legal aspects of its operational policies, sales and marketing practices, financial affairs and support programs. The group strives to keep abreast of the latest industry trends, market dynamics and competitive factors that affect our clients' business.

International Client Services

McDermott Will & Emery

McDermott Will and Emery