Luce Forward's franchise attorneys have testified before lawmakers on franchise-related issues, litigated issues on behalf of major franchisors, and have appeared as expert witnesses in numerous actions involving franchising.
Over the years, Luce Forward's franchise attorneys have represented more than 100 domestic and overseas franchise clients in a variety of industries, including restaurant and fast food chains, real estate brokerages, temporary employment agencies, car rental agencies, optical retailers, apparel manufacturers, automobile repair businesses, and pest control operators.
Franchise Transactions.
Our attorneys provide legal and business advice covering every aspect of the franchise life cycle, from counseling start-up franchisors and existing companies exploring franchising as a method of expanding the distribution of their goods and services, to advising established franchise systems. Services provided to emerging companies include guidance on issues such as business organization, obtaining venture capital, developing business plans and organization, and drafting of disclosure documents and franchise agreements. For mature franchise organizations, Luce Forward provides counsel on issues such as mergers and acquisitions, antitrust matters, regulatory compliance with federal and state registration and disclosure statutes and regulations, intellectual property matters, including domestic and international copyright protection, trademark and service mark filing, trade secrets, and acquisition and sale of patented and unpatented technology, as well as providing general corporate and securities experience.
- Represented a major real estate brokerage franchise in its acquisitions of private brokerages throughout the country.
- Counseled a major motion picture company in connection with its trademark licensing and merchandising agreements.
- Represented foreign corporations in negotiation and structuring of master franchise agreements outside the U.S.
- Representing American franchisors in the negotiation and structuring of franchise area development and subfranchising agreements in Canada, Mexico, South America, Europe, Asia, and the Middle East.
Franchise Litigation.
Luce Forward’s franchise-specific trial attorneys are experienced at handling all aspects of litigation and ADR common among franchisors and large franchisee-groups. They handle complex business litigation on behalf of franchisors and franchisee-groups involving issues such as terminations, enforcement of non-competition covenants, intellectual property issues, antitrust claims, encroachment, misappropriation of trade secrets, UFOC and regulatory issues, and claims under the California franchise statutes.
We are sensitive to the many nuances of the franchise relationship that affect the dispute resolution process and, where appropriate, actively explore opportunities to resolve disputes through mediation. However, we have extensive arbitration and litigation experience and are frequently brought in for the purpose of handling the actual litigation or arbitration.
- Litigated a month-long arbitration involving claims that the franchisor misrepresented the system in the UFOC, and counterclaims that the franchisee-group breached a multi-unit development agreement.
- Prosecuted claims in federal court for breach of multiple franchise agreements in the system of an international franchise retailer.
- Defended claims asserted in an adversary proceeding in Bankruptcy Court brought by franchisees claiming that the franchisor caused the franchisees’ bankruptcy filings.
- Obtained a preliminary injunction against a former franchisee in order to preclude post-termination competition.
- Defended a health-care system client against claims of unfair competition and false advertising brought by the attorney general on behalf of the general public.
- Prosecuted a trademark infringement case against a former franchisee who left the system and began a competing business in the same territory.