Ted P. Pearce: Lawyer with Nexsen Pruet, LLC

Ted P. Pearce

View Ted P. Pearce 's Martindale-Hubbell Connected Profile
Ted Pearce is an accomplished corporate attorney and executive who has more than three decades of experience in managing the legal affairs of multiple franchise systems.

Special Counsel
Charlotte,  NC  U.S.A.
Phone704.338.5367

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Experience & Credentials
 

Practice Areas

  • Corporate
  • Litigation
  • Business Disputes
  • Franchise
 
University University of Virginia, B.A., 1973
 
Law SchoolSyracuse University, J.D., 1977
 
Admitted1978, Texas; 1984, Wisconsin; 1987, North Carolina; United States Supreme Court; U.S. District Court for the Western District of North Carolina; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Fifth Circuit
 
LanguagesFrench
 
Biography

Ted Pearce is an accomplished corporate attorney and executive who has more than three decades of experience in managing the legal affairs of multiple franchise systems.

Mr. Pearce began his career in franchise law as General Counsel for Meineke Discount Muffler Shops, when it was a small developing franchise system. Throughout his time with the company, he handled a wide range of matters related to the various stages of franchise development and ownership.

He worked with founders and successive management teams to help the company meet the legal challenges of initial development, exponential growth, and maturation of the franchise system, including its transformation from a single product offering to a multi-product and co-branded franchise system. He later counseled successive owners, including multiple private equity groups, on the development of a multi-platform franchise holding company, Driven Brands, which now owns five separate brands, including Meineke and MAACO Collision and Auto Painting, in the automotive aftermarket.

Thanks to his broad background, Mr. Pearce is well-versed in litigation and arbitration involving enforcement of non-competition and intellectual property rights for franchisors. He has appeared in both state and federal courts and managed the defense of a franchisee class action suit against its franchisor.

Mr. Pearce regularly drafts a broad range of transactional documents, including:

· Franchise agreements;

· Disclosure documents;

· Stock purchase and asset purchase agreements;

· Financial instruments;

· Settlement agreements;

· Cooperation agreements.

His experience also includes advising business leaders on franchise relationship issues, including encroachment and effectuating changes to the franchise system. He has managed the legal aspects of the franchise sale process, worked with independent franchisee associations on behalf of franchise systems, and participated in multiple corporate transactions involving the purchase and sale of franchise systems to and from both strategic buyers and private equity groups.

Mr. Pearce earned a Bachelor of Arts with distinction from the University of Virginia and a law degree from Syracuse University College of Law and is fluent in French.

He has been published on a number of occasions and regularly speaks about legal issues related to the franchise industry.

Publications

· The Next Wave: Private Equity Funds in International Franchising; Ted Pearce, James Goodman, Giles Menguy, and Carolyn Vardi, International Journal of Franchising Law, reprinted from the IBA/IFA plenary session paper of the 29th Annual Joint Conference of the International Bar Association and the International Franchise Association, 2012

· Mergers and Acquisitions of Franchise Systems; Kevin Hein and Ted Pearce, Franchise Law Compliance Manual, American Bar Association Forum on Franchising 2011

· The Initial Interest Confusion Doctrine: A Powerful Protection Against Infringement; Franchise Law Journal, Volume 24, Number 4, Spring 2005 (Corby Anderson & Ted Pearce)

· The Antitrust Risks of Information Sharing; Franchise Law Journal, Volume 23, #1 summer 2003 (Corby Anderson & Ted Pearce)

· Covenants Against Competition in Franchise Agreements - North Carolina; Second Edition, American Bar Association Forum on Franchising, 2003, Peter Klarfeld Editor

· Courts Determine if Operations Manuals are Friend or Foe to Franchisor; Leader's Franchising Business & Law Alert, Volume 8, Number 4, January 2002

· How Much Control is Enough; Leader's Franchising Business & Law Alert, Volume 6, No. 11, August 2000.

· The Enforcement of Post Termination Remedies in the Franchise Contract; 24 OKLA City, University L. Rev 8 (1999)

· Getting Royalties When Franchisee Repudiates; Leader's Franchising Business & Law Alert; Volume 1, number 5, Feb. 1995.

Presentations

· Choosing the Jurisdiction: Analysing the Main Options through the Experience of a Civil Law and Two Common Law Lawyers, Ted Pearce, Marco Hero and Jeffrey Brimer; International Distribution Institute; Munich, Germany, June 2013

· Franchise Special Interest Group - International Council of Shopping Centers, Facilitator - Ted Pearce; Charlotte, NC, March 2013

· Expansion Alternatives in International Franchising, Ted Pearce, Rocio Belda, and John Chambers; Joint Conference of the International Bar Association and the International Franchise Association, 2010

· Practical Guide to Franchise Audit and Compliance Investigation; Ted Pearce, Fiona Burke, and Robert Zisk; American Bar Association Forum on Franchising Symposium 2005

· Supply and Distribution Issues, Ted Pearce, Steve Feirman, Eric Yaffee; International Franchise Association Legal Symposium 2004

· Collective Bargaining and the Franchise Agreement; Ted Pearce and Rupert Barkoff; American Bar Association Forum on Franchising 2001

· A Critical Look at Alternate Dispute Resolution; Ted Pearce, Ronald Gardner, and Robert Zisk, International Franchise Association Legal Symposium 2000

· Problems of System wide Interdependence; Ted Pearce and Joyce Kornbluh; American Bar Association Forum on Franchising 1996

· Franchise Disclosure and Registration in the 1990s; Ted Pearce and Richard Glass; American Bar Association Forum on Franchising 1992

Career Highlights

· Named to the "International Who's Who of Franchise Lawyers", 2013 & the "International Who's Who of Business Lawyers", 2014

News

Nexsen Pruet Expands Franchise Practice in Charlotte; Veteran Attorney Ted Pearce Joins Firm
Veteran attorney Ted Pearce joins Nexsen Pruet's franchise group.

Publications

Survival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?
Nexsen Pruet attorneys Ted Pearce and Corby Anderson explain why some franchise systems survive when others fail.

Growth: The Lifeblood of a Franchise System
Nexsen Pruet attorneys Ted Pearce and Corby Anderson discuss the paths to growing a franchise.

Franchising is Hot, But Not for Everyone: Before Considering - Ask Five Questions about Your Business
The outlook for franchising is bright....Given the industry's past success and projected future growth, it is only natural for entrepreneurs to wonder whether their business concepts are suited to franchising. To determine the answer, entrepreneurs should ask themselves five fundamental questions.

"Private Equity in International Franchising"
Attorney Ted Pearce is co-author of an article written for the International Journal of Franchising Law examining private equity's role in international franchising.

Events

IFA Franchise Business Network

Civic & Professional Memberships

· International Franchise Association - Corporate Counsel Committee Chairman (2009-2012)

· International Franchise Association Task Force - IFA Legal Symposium (2009-2011)

· ABA Forum on Franchising - Governing Committee (2007-2009)

· American Association of Franchisees and Dealers - Fair Franchising Standards Drafting Committee (2005-2010)

· North Carolina Bar Association - Corporate Counsel Section (1999-2000)

 
ISLN904536995
 

Documents by this lawyer on Martindale.com

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Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?
David Dubberly,Ted P. Pearce, August 14, 2014
The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. Employees of franchisees have filed more than 180 unfair labor...

Ten Contract Provisions That a Prospective Franchisee Should Consider Before Signing a Franchise Agreement
Ted P. Pearce, February 18, 2014
The saying that “love is blind” is as true in picking a franchise as in finding a soul-mate. Most prospective franchisees tend to shop franchise concepts instead of franchise agreements. They focus their search on hot concepts, franchise systems that have a good track record, and...

Showdown in Harrisburg
Ted P. Pearce, November 7, 2013
Like a strong marriage, a strong franchise relationship must be built on shared success. In the end, no relationship is likely to work out when one side holds all the cards.
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Office Information

Ted P. Pearce

227 W. Trade St., Ste. 1550
CharlotteNC 28202




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