Practice Areas & Industries: Adams and Reese LLP


Franchise / Distribution Return to Practice Areas & Industries

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Practice/Industry Group Overview

Our core objective is helping companies grow their business and expand their markets through franchising and related, innovative strategies.

Core Practice and Clients

Franchisor Representation: Our team counsels companies in rolling out new franchise programs in the U.S. and abroad, including drafting franchise agreements and disclosure documents, handling state and federal franchise registrations, and day to day counseling on termination, renewal, compliance, encroachment and similar day to day franchise issues. We represent U.S. and international franchisors, franchisees, licensors, manufacturers, and distributors, and we counsel clients on the scope of the franchise laws and avoiding de facto franchises.

Representative Matters

Adams and Reese attorneys serve as lead counsel in major domestic and international rollouts of new franchise systems and provide day-to-day advice to franchisors in the key areas of compliance with registration requirements and competition laws in the US and abroad, intellectual property protection, franchisee relations, and the boundaries of franchise law for businesses interested in not being characterized as franchises. Our attorneys also assist auto dealer and franchisee clients to secure necessary capital financing to meet manufacturer and franchisor capital requirements.

Representative Experience

  • Conversion of distribution network comprised of 100’s of non-franchise outlets to franchise system, including all federal and state registrations, disclosure documents, compliance, exclusivity and encroachment issues with non-converted retail outlets, drafting franchise agreements and related documents.
  • Develop and document non-franchise new market expansion plan for restaurant chain involving license agreements in lieu of franchise compliance.
  • Rollout of global franchise system for leading brand in language services including compliance, agreements, and disclosures in the United States and multiple locations in four continents.
  • Represented air conditioning company in the successful termination of a long standing distributorship in the Mobile/Florida Panhandle area.
  • Represented national fast food restaurant franchise and Fortune 500 company in personal injury defense litigation, including defense of premises liability claims, motor vehicle accidents, and food born illnesses, and the successful Chapter 11 bankruptcy recovery and repayment to franchisee obligations.
  • Negotiated development deals with both National Football League and National Hockey League teams.
  • Represented a franchisee of major air conditioning and heating company in a Chapter 11 bankruptcy where dealer retained franchise and operated post petition.
  • Represented one of Southeast's largest construction equipment dealers in litigation of dispute with road construction equipment supplier in which supplier sought to terminate dealer.
  • Obtained preliminary injunction preventing forklift manufacturer from terminating dealer for taking on representation of competing brand of forklifts.
  • Advised healthcare franchisor with regard to intervening in unfair competition litigation between franchisee and former employee.
  • Advised franchise clients in the fast food industry regarding termination and fast food issues.
  • Advised one of the largest equipment dealers in North America regarding application of state equipment dealer protection statutes to proposed asset purchase of competing dealer.
  • Successfully represented high-volume auto dealership against auto manufacturer regarding franchise agreement disputes and improper termination of the dealer/franchisee. Successfully represented dealer in various venues including arbitration, the Louisiana Motor Vehicle Commission and bankruptcy court.