Theodore P. Pearce: Lawyer with Nexsen Pruet, LLC

Theodore P. Pearce

View Theodore 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.

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

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Experience & Credentials
 

Practice Areas

  • Mergers & Acquisitions
  • Antitrust Counseling and Government Investigations
  • Business Disputes
  • Corporate Law
  • Litigation
  • 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
 
Memberships 

Civic & Professional MembershipsNamed to the International Who's Who of Franchise Lawyers; 2013 & the International Who's Who of Business Lawyers, 2014
•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 Corporate Counsel Association, Vice Chairman of the Mecklenburg County, North Carolina Chapter 2007
•American Association of Franchisees and Dealers - Fair Franchising Standards Drafting Committee (2005-2010)
•North Carolina Bar Association - Chairman of Corporate Counsel Section (1999-2000)

 
LanguagesFrench
 
Biography

Ted has focused his legal career on franchising. Prior to coming to Nexsen Pruet he spent 30 years managing the legal affairs of large global franchise systems including Meineke Car Care Centers, Inc., MAACO Auto Painting, and Econo Lube & Tune.

In his capacity as General Counsel of these iconic brands, he handled a variety of litigation and transactional matters including, landmark litigation matters defining the legal relationship between the franchisor and franchisee, and the ability of a franchisor to recover future royalties upon a franchisee's termination of their franchise agreement.

Ted also has handled a variety of transactional matters for these franchise systems including preparation and registration of all franchise disclosure documents, a variety of franchise related agreements, and managing the real estate portfolio for Meineke, MAACO, and Econo Lube.

He participated in a variety of financial transactions involving the purchase and sale of franchise system by both private equity groups and strategic purchasers.

Ted brings a very practical application to his franchise law practice. As the co-chairman of the Franchise Practice Group Ted focuses his efforts on transactional matters affecting both the franchisor and the franchisee. His practice includes working to bring new franchise concepts to market, while at the same time assisting franchisees to navigate the franchise relationship. He also works with private equity groups to assist them in their due diligence efforts in evaluating proposed purchases of franchise systems.

Outside Nexsen Pruet

Ted has been a life-long passionate tennis player, who now focuses this passion in playing senior singles USTA and ITF sanctioned tournament events in the US and Europe. He completed the 2012 senior season by being ranked 5th in the state of North Carolina and 112th in the United States in his age division.

Speaking & Writing

Related NewsNexsen Pruet Expands Franchise Practice in Charlotte; Veteran Attorney Ted Pearce Joins Firm
January 2, 2013
Why Franchise Organizations Need Corporate Compliance Programs
February 7, 2014
Charlotte Knight's Baseball Broadcast from Nexsen Pruet
April 29, 2014 Related EventsFranchise Legislation Update - June 2014
June 5, 2014
Franchise Business Network: Financial Performance Representations
February 11, 2014
2013 Ethics CLE Seminar for In-House Counsel
October 25, 2013
The Basics of Franchising Law and Beyond
November 6, 2013
Seminar: IFA Franchise Business Network
May 14, 2013 Related InsightsFranchising is Hot, But Not for Everyone: Before Considering - Ask Five Questions about Your Business
February 12, 2013
Private Equity in International Franchising
January 14, 2013
Survival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?
August 27, 2013
The Orphaned Unit Franchisee
October 1, 2013
Showdown in Harrisburg
November 5, 2013
Ten Contract Provisions That a Prospective Franchisee Should Consider Before Signing a Franchise Agreement
February 10, 2014
Growth, the Lifeblood of the Franchise System
June 20, 2013Overview

WritingBright Horizons in International Franchising: Encroachment Issues Around the World, Ted Pearce, Rocio Belda de Mergelina, Eric Karp, IBA/IFA 30th Annual Joint Conference, May 2014
In Civil-Law Jurisdictions, Risk of Liability Begins with Negotiation, Ted Pearce and Guilles Menguy, The Franchise Lawyer, Winter 2014
Le DIP americain: maquis corse ou jardin l'anglaise?; Ted Pearce and Gilles Menguy, L'Officiel de la Franchise, February 2014
Why Franchise Organizations Need Corporate Compliance Programs; Ted Pearce and Will Terpening, Franchising World, January 2014
•Editor, Chapter 13,Common Law Doctrines;Franchising: Cases, Materials & Problems, 2013
•Franchising is Hot, but not for Everyone: Before Considering-Ask Five Questions.
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
Post-Purchase Synergies: They Come in All Types; Franchising World, May 2008
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.

PresentationsMaking the Business Case for Franchise Standards Beyond Because I Said So,47th Annual IFA Legal Symposium, Chicago, IL, May 2014
Choosing the Jurisdiction: Analyzing 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

 
ISLN904536995
 

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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

Theodore P. Pearce

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




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