Holland & Hart LLP

Holland & Hart attorneys counsel franchises in virtually all stages of development. We have worked with franchisors in a variety of transactions and have assisted them in developing, protecting, and licensing their franchise systems. Our attorneys are well-versed in the Federal Trade Commission's Franchise Rule and state-specific laws and stay up to date on changes in these regulations.

Our franchise practice spans from the initial evaluation of start-ups to entire system representation of well-established franchises. We have represented clients in a variety of industries, including:

• Quick-service restaurants
• Full-service restaurants
• Real estate brokers
• Insurance brokers
• Computer service, sales, and repair
• Fitness
• In-home assisted living
• Airport service centers
• Home security businesses
• Business coaching
• Financial planning
• Website design and hosting services
• Bakeries
• Buy/Sell/Trade retailers
• Business Brokers

Initial Evaluation
We help our clients determine if franchising is the best option to meet their business needs. We explore the benefits and drawbacks of franchising along with other forms of growth and discuss the realistic approaches to the development of distribution. If the client decides not to create a franchise, our attorneys have significant experience counseling clients on alternative modes of business expansion, whether it be licensing, joint venture, or use of an operating partner model.

Start-Up Franchisors
We regularly work with companies initially starting a franchise system. For these clients, we counsel them on the structure of their franchise program, including the role of area developers, area representatives, and sub/master licensing. We help clients create the applicable franchise documents, including drafting and registering Franchise Disclosure Documents (formerly known as Uniform Franchise Offering Circulars) and other critical operational documents like franchise and license agreements.

Existing Franchisors
Our attorneys work with existing franchisors and sub-franchisors to maintain or expand their franchise systems. We update the FDDs and franchise agreements annually or quarterly depending on need. We also work to ensure compliance with FTC regulations and assist with related state registration in the states that currently have franchise investment laws. We have an in-depth knowledge of the benefits and restrictions of franchise relationships and advise our clients on the complex aspects of these relationships.

We also help existing franchisors with the review of legal documents, agreement negotiation, litigation management and general business transaction consulting.

Collaborative Service
Our franchise attorneys work closely with our other areas of practice in order to provide a robust range of legal services. As the largest firm in the Mountain West, attorneys in the franchise group regularly collaborate with attorneys in the firm's intellectual property, mergers and acquisitions, private equity and venture finance, business entities and transactions, and real estate practices. Holland & Hart's 15 offices are connected through an innovative use of technology, including e-mail, Blackberry personal digital assistants, firm-wide networking, an intranet, paperless practice systems, data-driven extranet applications, and remote access of all programs and files. This electronic network makes interoffice communication and coordination virtually effortless. Our ability to communicate as if we are next door to each other allows our franchise clients to work with experienced local talent in each office and to benefit from the breadth of experience and resources of a large firm.

Holland & Hart's Statement of Commitment to Diversity
We are proud of our tradition of fostering and maintaining a work environment in which the diversity of each individual is valued and celebrated. We believe that the contributions of each individual are essential to our continued growth and to our ultimate goal of providing excellent quality legal services to our clients, with greater creativity and innovation. We are committed to taking full advantage of the rich backgrounds and abilities of our people and to promoting a greater diversity whenever and wherever possible.

Diversity Pledge
Holland & Hart is committed to promoting diversity by:

• Making every possible effort to recruit, hire, retain, and promote diverse persons at all levels of employment.
• Promoting greater sensitivity to the value of racial, ethnic and other forms of diversity, through diversity and sensitivity coaching or training for law firm members.
• Inviting to partnership diverse attorneys who meet the requisite criteria.

Diversity Initiatives
The following are additional examples of our commitment and efforts toward supporting and achieving diversity:

• We make a conscious effort to ensure that women and diverse attorneys are included as voting members of our committees of importance within the firm.
• We work closely with law school deans and placement directors in an effort to identify women and diverse law students who are interested in working at Holland & Hart.
• Holland & Hart offers medical and other benefits to partners of gay and lesbian employees on the same terms as it does to spouses of employees.
• We created an Indian Law Practice Group and actively recruited Native American law students and lateral hires.
• Each year we contribute to such scholarship funds as the Colorado Native American Indian Scholarship Fund, the Sam Cary Scholarship Endowment Fund, the Colorado Asian American Bar Scholarship Fund, the Colorado Hispanic Bar Scholarship Fund, and the Colorado Women's Bar Association Scholarship Fund.
• In partnership with the University of Idaho School of Law, we sponsor a "Law by Day, Jazz by Night" each year for undergraduate minority students who have an interest in law.
• We took a leadership role in organizing and supporting the Colorado Pledge Group's Minority First Year Law Student Summer Clerk Program. Through this program, law firms agreed to add at least one diverse first year law student to their summer clerk program.
• We were involved in the creation of the Cross-Professional Business Networking Group, where diverse attorneys in our community can meet and network with non-attorney professionals of color. We view this as a way to help diverse attorneys increase their business development possibilities.

For more information regarding Holland & Hart's commitment to diversity, please contact Peter Houtsma at (303) 295-8259.