Practice Areas & Industries: Buchanan Ingersoll & Rooney PC

Practice/Industry Group Overview

Buchanan Ingersoll's Franchise and Distribution Practice Group provides a comprehensive range of services to franchisor and distribution clients. Our attorneys bring practical, solution-oriented advice and counsel to clients, and have provided legal representation to companies in more than 40 industries. Our clients include world and regional leaders in many industries, including major food chains, retailers, real estate companies, car rental agencies, educational and training services, hospitality organizations, tax services and child care services.

Services Available

For more than 30 years, our attorneys have assisted clients with all phases of the franchising process, ranging from franchise business formation to resolution of disputes between the franchisor and the franchisee. This depth of experience is particularly important because our attorneys have dealt with a wide variety of franchise issues. Franchising is a highly regulated area of business law, with regulations that vary by nation and state. However, our attorneys can anticipate issues and can provide counsel on avoiding costly problems.

We can assist franchisors in:

• Navigating the maze of complex and varying federal and state regulations.
• Drafting the key documents in the franchisor and franchisee relationship ¿ the Uniform Franchise Offering Circular (UFOC) and the franchise agreement ¿ so that they are compliant, enforceable and set the desired tone for the franchise relationship.
• Dealing with disputes and other relationship issues, whether inside or outside of the courtroom.

By combining innovative thinking with a solid foundation in the law, Buchanan Ingersoll brings an added dimension to the franchisor representation process, both across the United States and around the world. If the franchise model does not meet a client's need, our attorneys can counsel on alternative methods to expand a growing business.

We can assist our clients in:

• Acquiring and divesting franchise systems.
• Developing, operating and expanding franchise systems.
• Complying with franchise laws and regulations.
• Defending enforcement actions by federal and state franchise regulatory authorities.
• Protecting and licensing trademarks, service marks, and trade secrets.
• Enforcing of franchisor quality standards, reporting obligations and restrictive covenants.
• Protecting and licensing trademarks, service marks and trade secrets.
• Planning and implementing distribution strategies and marketing and distribution agreements.
• Avoiding vicarious liability.
• Preparing employment policies and employee handbooks, assisting in labor negotiations and defending employment claims and disputes.
• Preparing disaster readiness programs.
• Dealing with labor and employment issues in the franchise system.
• Counseling on pre-litigation dispute resolution.

Litigation and Alternative Dispute Resolution

One franchise industry reality is that franchisors, and particularly large franchisors, are increasingly the target of costly, recurring litigation. Another reality is that the relationship between the franchisor and franchisee, which is not static and can over the course of time experience periods of cooperation and conflict. Because these realities present a significant challenge to our franchisor clients, our Franchise and Distribution Practice Group lawyers have developed strategies to preserve and improve the franchise relationship as the primary goal and, when necessary, to prosecute and defend our franchisor clients' interests to the fullest extent.

Our approach is to evaluate disputes and determine the best path to resolve them, whether through alternative dispute resolution such as mediation and arbitration, or through the court system. During this process, our attorneys guide and direct the prosecution and defense of the franchise disputes. The Franchise and Distribution Practice Group strives to achieve the requisite degree of litigation efficiency, and consistency that our clients have come to expect and demand from our attorneys and the firm. With this approach, we have earned the opportunity to represent major franchisors in litigation throughout the United States.