The Franchise and Distribution Practice Area has decades of experience advising franchisors , franchisees, manufacturers and distributors on the many issues presented by the franchise or non-franchise distribution relationship. Our franchise clients range from start-up to Fortune 500 in size. Likewise, the clients cover many industries.
Litigation
Taft franchise lawyers have litigated throughout the nation in federal and state courts on issues of importance to franchisors, franchisees, manufacturers and distributors. Taft franchise lawyers also have experience in arbitration, mediation, and other alternative dispute resolution procedures. Taft has both pursued and defended breach of contract actions, including actions related to:
- exclusive territories
- encroachment
- non-competition agreements
- rights to transfer the franchise
- termination rights
- franchisor and franchisee performance.
Taft franchise lawyers have litigated good faith and fair dealing claims and claims of implied or quasi contract dealing with changing methods of distribution, rights to new products, franchisor pricing of its products, and other aspects of the franchise and distribution relationship.
Taft lawyers have litigated as to the consequences of franchisors acquiring other franchise systems. Taft also has litigated statutory and tort franchise issues, including compliance with state registration/disclosure laws, business opportunity laws, relationship/termination laws, and claims of fraud, tortious interference, infringement, and other conduct.
Taft's franchise lawyers have litigated cases arising under federal and state antitrust and unfair trade laws involving franchise/distribution systems, vertical restraints, tying arrangements, price discrimination, and deceptive or unfair trade practices.
Business Representation
Taft advises franchisors as to compliance with FTC and state franchise disclosure/registration laws, relationship/termination laws, and business opportunity laws. We counsel on structuring distribution to minimize the impact of such laws.
Taft assists franchisors in preparing Uniform Franchise Offering Circulars (UFOC), franchise agreements, license agreements, and protecting trademarks, copyrights, trade class, and patents.
Taft's franchise lawyers have advised franchisors, franchisees, franchisee associations, manufacturers and distributors on:
- advertising
- advertising funds
- pricing
- customer relations
- trademarks
- antitrust
- Internet commerce
- purchase cooperatives
- transshipments and gray market problems
- exclusivity
- non-competition
- franchisee transfers
- termination.
Taft lawyers have handled many sale acquisitions of franchise and distribution businesses, ranging in size of up to hundreds of millions of dollars. These services include:
- structuring the transaction
- tax advice
- negotiating the acquisition agreements
- environmental issues
- employment issues
- Hart-Scott-Rodino filings
- post-closing issues.
