Welcome to Plave Koch PLC

We are proud to represent not only well-known national franchisors, but also start-up and smaller regional distributors and franchisors. The range of services we provide to our clients varies depending on each particular client’s needs. Some examples are:

Helping our clients comply with the FTC "FDD Guidelines," which were adopted by the FTC as part of its 2007 amendments to the Franchise Rule. (Three of our partners worked at the most important government agency in franchising – the Federal Trade Commission. John Tifford ran the FTC Franchise Rule program for the first nine years after the Rule’s inception, including enforcement activities and compliance advice. Dave Koch served as attorney-advisor to the Chairman of the FTC. Lee Plave served in the Division of Enforcement of the FTC’s Bureau of Consumer Protection. We are the only franchise law firm with three FTC veterans – a key advantage in a time of changing FTC franchise regulation.)
Consulting to develop practical approaches to the distribution of products and services.
Working with start-up franchisors to craft the proper approach to the franchise system’s structure, drafting agreements to reflect the goals that our clients wish to achieve, and to strike the proper balance between protecting the franchisor and developing a fair and reasonable agreement to suit the system’s overall needs.
Working with companies that have already-established systems that seek to expand through franchising on a unit-by-unit and on multi-unit development basis.
Evaluating coverage – for example, whether a particular approach to doing business or method of distribution is covered as a “franchise” under the various federal and state laws governing franchising (as well as under the host of related regulatory schemes under state and federal law).
Drafting franchise agreements, addenda to those agreements, and other ancillary documents (e.g., confidentiality agreements, software licenses, technology agreements).
Preparing disclosure documents, registration applications, “earnings claims,” and other documents required, permitted, or regulated by the law, as well as preparation, filing, and prosecution of state franchise registrations.
Advice on adapting technology to meet a franchise system’s needs as also discussed on our website under “Cybersquatting, Cybergriping, and Technology Issues for Franchisors and Licensors.”
International expansion of franchise programs -- typically from the U.S. to markets in other countries, but more frequently than ever before, from other markets into the U.S. as well. We also help clients – in close collaboration with known and highly-trusted foreign counsel – determine their obligations under local countries’ laws and how to go about meeting those obligations.
Structuring and negotiating all kinds of franchise and licensing transactions.
Assisting with ongoing system administration, including:
- Acquisition of other franchise companies;
- Antitrust issues;
- Corporate issues (establishment of the corporation, financing, and securities offerings);
- Dispute resolution (through negotiation, mediation, arbitration, and litigation (in federal and state courts), nationwide);
- Franchisor-franchisee relations;
- Representation before federal and state administrative agencies (e.g., the Federal Trade Commission)
- Revisions in the system;
- Technology issues;
- Termination strategy, agreements, and disputes; and
- Transfers - by the franchisor as well as by franchisees and area developers.