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Franchise Law

Franchise law is a nuanced and exciting area of law that we love to practice.
Working with franchisors and franchisees is truly a privilege that we appreciate and enjoy. Seeing such entrepreneurship is inspiring, and watching small operations grow into mega-companies through the synergies found by franchisors and franchisees is fairly unique to the franchise industry. Rarely are parties to a transaction as aligned as they are in a franchise relationship.
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Franchise law is not a simple as some areas of the law though, and this can lead to legal problems and disputes among the parties. There are very specific requirements that must be followed, and severe penalties if they are not. This is where our franchise lawyers come in and excel!
Franchise Law Services Provided By Our Law Firm
In franchising, licensing, and distribution, our franchise attorneys have been called on to assist with legal services for franchisors and franchisees, litigation services, and related situations.
Legal Services for Franchisors
The franchise attorneys at Shumway Van represent both franchisors and franchisees. On behalf of our franchisor clients, our law firm provides annual regulatory compliance services like Franchise Disclosure Document maintenance and exemption guidance, and ongoing business and strategic advice regarding how the franchise system is structured or should be restructured, loyalty programs, and how and when to use major or minor promotions.
Our franchise lawyers have expertise in sales and renewal issues, handling disputes over franchise rights and obligations, defaults, terminations, and bankruptcy filings. We act as outside general counsel, providing advice regarding every aspect of their business from their intellectual property assets to their real estate and tax concerns.
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The following are a few of the legal services that our law firm can provide to franchisors:
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Review, analyze, and modify existing franchise documents;
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Update disclosure documents to comply with Federal Trade Commission (FTC) Rules and individual state registration requirements;
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Register Franchise Disclosure Documents in all franchise registration states;
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Assure legal compliance in staff training and operations;
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Assure legal compliance of marketing strategies;
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Assist in mergers, acquisitions, and financing transactions;
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Coordinate and/or act as lead counsel in franchise litigation and dispute resolution matters;
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Review trademarks, service marks, and other intellectual property;
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Implement master franchising, area developer, and area representative arrangements; and
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Review and negotiate franchise and business opportunities.

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