• Franchise, Licensing, and Distribution Law
• Cybersquatting, Cybergriping, Social Marketing/Media, and Technology Issues for Franchisors and Licensors
• FTC - Federal Trade Commision
• International
• Trademarks and Brand Management

Client Experience:

At last count, collectively we have worked on franchise matters in more than 75 in the course of the last 20+ years.

We have handled the full range of work that you would expect from any large transactional practice group such as ours: drafting and negotiating agreements for master franchise/subfranchise, multiple-unit development, direct franchise transactions, and joint ventures. Among other details, our international work has included:

• Helping our clients understand and comply with franchise sales laws in other countries (collaborating of course with knowledgeable counsel in those jurisdictions). For example, working with our client’s in-house international counsel and local counsel in Beijing, we obtained the first two registrations issued by the Chinese government to foreign franchisors under China's 2007 Franchise Regulation.   We have handled several additional PRC transactions in the years since then.

• Helping clients structure transactions with an eye on the practical legal issues that they and their franchisees (or master franchisees) will confront in the local markets (e.g., commercial agency laws that are commonly found in many countries).

• Collaborating with smart business consultants selected by the client, we try to make sure that our clients reach business conclusions taking into account the broad range of issues - ranging from business and cultural considerations informed by the consulting team to legal considerations - so that our clients make informed decisions about international expansion.

• Handling non-franchise arrangements as well, including drafting and negotiating joint venture, broker, commissioned agency, distribution, and license arrangements.

• Addressing performance situations, which includes counseling clients as to their rights and obligations in default situations, including the impact of national laws, resolving matters at the pre-litigation stage, and if necessary, exercising legal procedures to terminate defaulting franchisees and master franchisees (often by the parties' mutual consent).

• Where legal proceedings cannot be avoided, handling mediation, litigation, and arbitration (typically in conjunction with local law experts) in the U.S. and abroad.

• Advising clients on the international considerations relating to country-specific websites, domain name, social media / social networking sites, technology transfer, and intellectual property issues.

• Assisting clients in understanding, taking into account, and complying with sustainability, energy, and environmental laws and expectations in local markets.

• Addressing competition issues that arise in most markets, including the EU.

• Advising clients on the impact of "outward-directed" US laws, such as the Foreign Corrupt Practices Act, the USA PATRIOT Act, the Cuban Asset Control Regulations, and the Libertad Act, as well as other US sanctions regimes (as well as the analogous laws found on the books of other countries).

• Working to structure and protect our clients' interests in franchisee transactions such as financing and refinancing, assets pledges, transfers, renewals, and master franchisees' corporate reorganization.

• Helping international franchisors bring their concepts to the U.S. market, including concepts from Canada, Australia and New Zealand, Europe, Asia, and Africa.

We have strong working relationships with counsel in many countries around the world. Some of this comes about as a result of years of meeting with one another, although quite frequently it stems from work we have done together, either working together representing clients in transactions or collaborating on presentations to bar groups. As a result, we know quite well most of the counsel that we work with in most countries, and have not just a sense of trust, but also a mutual degree of understanding that has served our clients well for 20+ years.

Because we are not beholden to make referrals to any particular firm or organization, we can recommend local counsel based on our experience working with lawyers outside the U.S. as well as our judgment as to the best lawyer to handle the needs of a particular client and a specific transaction.

Other Activities:

Our international experience also includes:

• Assistance to U.S. and foreign government agencies on franchising issues. 
• Articles on international franchising matters in publications such as the Journal of International Franchise and Distribution Law.
• Conference presentations both at home and overseas, including appearances in India, Canada, London, Poland, Romania, Hungary, and Australia at programs sponsored by the International Bar Association, the International Franchise Association, the American Bar Association, the British Franchising Association, the Franchising Association of India, the U.S. Department of Commerce, and others.

Please see our attorney biographies for more information, recognitions that were awarded to our lawyers, as well as our articles on international topics.

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