Practice/Industry Group Overview
The Franchising Practice Group provides advice on all aspects of franchising with a practical approach that takes into account the legal and commercial realities of franchise arrangements. Services provided by our franchising lawyers include: drafting franchise agreements, advising clients on the rights and obligations as franchisor and franchisee, counseling franchisors regarding managing the franchise relationship with troubled franchisees, enforcement of terms of franchise agreements, suitability of franchising for a particular business, and regulatory aspects of franchising.
We also advise franchisors on setting up, developing and expanding their franchise operations. We prepare franchise offering circulars and represent our clients in the registration of franchises. We handle state filings when required, and work on the annual updates to the franchise agreements and state filings as appropriate.
Our experience in distribution and franchising matters also includes cross-border aspects of distribution and franchise transactions.
Our sophisticated communications network between offices and independent associations with quality law firms throughout the United States and internationally allow us to service clients on distribution and franchising matters in the United States and overseas. If the needs of a franchisor should involve tax, intellectual property, employment, real estate or product liability, those practice areas of the Firm can readily be made available.
We represent clients in all aspects of disputes that can arise related to franchising including cases involving franchise terminations, franchise rescissions, as well as good faith and fair dealing claims. We represente franchisors regarding every type of franchise dispute, from simple termination arbitrations to large, complex, multi-plaintiff franchise disputes. Such disputes could involve trials and appeals in state and federal courts; federal, state and self-regulatory administrative proceedings; and arbitrations and mediations under alternative dispute resolution procedures. We are well prepared to represent our clients in any of these forums. We stress a team approach to address and resolve each client's litigation problems by drawing on the specialized knowledge of the attorneys best qualified to handle a client's unique problems.
- Brader v. Minute Muffler , 81 Wn. App. 532 (1996) (Represent franchisee in franchise dispute under Washington Franchise Investment Protection Act; partial summary judgment and two week bench trial on damages)
- Blanton v. Texaco , 914 F. 2d 188 (9th Cir. 1990) (Represent putative franchisor in franchise dispute under Washington Franchise Investment Protection Act; summary judgment)
- Texaco Refining and Marketing Inc. v. Davis , 835 F Supp 1223 (D Or 1993), affirmed, 45 F3rd 437 (9th Cir 1994), cert denied __ US __, 115 S Ct 2000 (1995), (Co-Counsel for plaintiff Texaco in establishing company's right to terminate franchisee for failure to observe agreed hours of operation, notwithstanding franchisee's claim to exception based on religious belief)