Luce Forward's franchise lawyers are internationally known for their expertise. They have testified before lawmakers on franchise related issues, litigated cutting-edge franchise issues on behalf of major franchisors, and appeared as expert witnesses in numerous actions involving franchising.
Luce Forward's franchise practice is international in scope. Over the years, Luce Forward's franchise lawyers 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 Transactional Practice.
Luce Forward's franchise lawyers 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 more 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 more mature franchise organizations, Luce Forward provides counsel on issues such as mergers and acquisitions, antitrust matters unique to franchising, 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 expertise.
Representative Matters:
- Representing a major franchise in its combination with one of the largest business services companies in Europe.
- Counseling a major motion picture company in connection with its trademark licensing and merchandising agreements.
- Developing nationwide distributorship and dealership programs involving single-level and multi-level distribution.
- Representing prominent 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 Practice.
Luce Forward's franchise lawyers are experienced at handling all aspects of litigation and ADR common among franchisors, including franchisor versus franchisee disputes and disputes between franchisors and third parties. Luce Forward has handled complex business litigation on behalf of franchisors involving issues such as franchisee termination, enforcement of post-termination covenants, intellectual property, antitrust, encroachment, trade secret, unfair competition, trademark infringement and dilution, real estate and bankruptcy litigation. Luce Forward's franchise lawyers 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 or arbitration. However, they also have extensive litigation experience to draw upon should circumstances demand that a dispute aggressively be litigated through trial and appeal.
Representative Matters:
- Obtaining summary judgment on breach of contract and trademark infringement claims on behalf of a major fast-food franchisor against its Mexican master licensee and obtaining a permanent injunction requiring the Mexican restaurants to cease using the client's trademarks and confidential information.
- Obtaining a preliminary injunction against a former employee of a franchisee who was misappropriating the franchisor's trade secrets in a new, competing system.
- Defending a health-care system client against claims of unfair competition and false advertising brought by the Attorney General on behalf of the general public.
- Obtaining a preliminary injunction from a Philippine court enjoining a terminated Philippine franchise from misappropriating the client's trademark and confidential information.
- Obtaining a trial ruling on behalf of a franchisor that its franchisee's premature repudiation of the franchise agreement entitled the franchisor to recover damages.
- Prosecuting a trademark infringement case against a former franchisee who left the system and began a competing business in the same territory.