Franchisee Law

U.S. Franchisee Law Attorneys

As lawyers for franchisees, we help entrepreneurs and business owners during the formative stages of buying a franchise. We also represent franchisees in disputes that must be resolved through arbitration. We can also litigate disputes for franchisees or resolve them through mediation or informal settlement negotiations.

For knowledgeable representation and guidance on a variety of franchise issues across a broad range of industries, contact Mario L Herman and Gregory O Herman. We have more than thirty-five years of combined experience handling franchise issues for clients domestically and internationally.

Are You Buying a Franchise? We Can Help

As experienced  franchisee law lawyers, we provide legal counsel and representation in a broad range of areas, including:

• Buying a franchise : We review a variety of factors with prospective franchisees to determine if the opportunity is advisable for them. We can also help you choose the right franchise for the prospect and with due diligence.
• Arbitration : Arbitration is the preferred form of dispute resolution in franchise law and is often contractually required to resolve franchise disputes. We represent franchisees in arbitration involving a wide range of franchise issues such as non-compete agreements, future royalties and breaches of contract.
• Selling a franchise : We represent franchisees who wish to sell their business or “get out” of a franchise agreement.

Representing Clients in All Franchise Industries

Our clients are current or future franchise owners in many different types of industries, including:

• The hotel industry : We help entrepreneurs interested in the booming hotel industry, and we address specific concerns such as liquidated damage provisions and encroachment.
• Restaurant franchises : Our work with franchisees in the restaurant industry spans casual dining, fast-food establishments, and even ice cream parlors.
• Printing franchises : Demand for printing and copying centers has been steadily increasing. More businesses have started outsourcing printing tasks, and self-employed individuals need printing services.
• Postal communication center franchises: Postal communication centers are often hubs of activity, offering many opportunities for franchise expansion.
• Health care and wellness industry franchises: The health, beauty, and wellness industry caters to people interested in looking good — inside and out. We help clients obtain, operate, and sell franchises in the health care and wellness industry.
• Fitness franchises: Fitness franchises, especially those designed for women, are experiencing growth. We can help you decide if a fitness franchise is a good fit for you.
• Domestic services : Domestic services, such as housecleaning and dry cleaning, provide convenience for people who are often pressed for time. As an entrepreneur, you have more opportunities for growth in this industry.
• Pharmaceutical franchises: We help clients explore the opportunities of owning and operating a pharmaceutical franchise, an area poised for financial growth.
• Real estate franchises : The real estate industry is growing once again. We can help you examine current market conditions to determine whether buying or selling a real estate franchise is a viable option.
• Entertainment franchises : We work in this potentially lucrative industry includes movie, book, theatre and other entertainment franchises.

Helping Navigate the Legal Maze of International Franchises

The U.S. Federal Trade Commission’s Trade Regulation Rule 436 on Franchising defines “commerce” broadly and can assist courts in resolving disputes between international franchisors and franchisees. Such disputes may involve deceptive misrepresentations by a franchisor, a franchisor not disclosing that they’ve declared bankruptcy, or a franchisor not naming others involved in the franchise.

It is important for prospective franchisees to be aware of and understand such laws, including U.S. federal and state statutes and regulations, the laws of the foreign nations where the franchise will be located, and any bilateral or multilateral treaties that may apply.

There are many rules and regulations under U.S. franchise law, some of which require franchisors to provide a prospective franchisee with a pre-sale disclosure. In addition, international franchising is affected by a wide range of laws, including those relating to trademarks, antitrust, contracts, taxes, technology transfer, currency controls, foreign investment, import and export restrictions, and dispute resolution.

Contact Mario L Herman and Gregory O Herman

Interested in learning more about franchising? Contact us online to arrange a consultation to discuss your franchise options and legal needs.