Snell & Wilmer L.L.P.

  • Established in 1938
  • Firm Size 480
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Franchise Services

Our Practice

Clients utilizing our franchise, distribution and licensing services range in size from national and international franchisors to start-up franchise programs. U.S. News Media Group and Best Lawyers have recognized Snell & Wilmer's franchise practice as a "National Tier 1" law firm, the highest rating available.

Franchising and Licensing

In representing franchisors we routinely assist them in structuring franchise programs, preparing Franchise Disclosure Documents and registering them in the states that require registration of franchise offerings. We also assist our clients in expanding their franchise programs internationally, and in helping franchisors based in other countries introduce their systems into the United States. We have assisted clients in establishing and administering franchise compliance programs, franchise advisory councils, and in establishing advertising associations. Snell & Wilmer attorneys are also experienced in representing area development, master franchise and subfranchise systems, and in assisting clients with licensing and technology agreements. Snell & Wilmer also advises clients in mergers and acquisitions of franchise companies. We have significant experience in reviewing leases and real estate purchase and sale agreements for franchise systems. We have also advised non-franchised distribution systems with respect to franchise laws, business opportunity laws and other laws that may affect them. We have defended companies in investigations and enforcement actions by state and federal regulatory authorities. Snell & Wilmer attorneys also represent many national franchisors as local or regional counsel in connection with franchise litigation, mediation and arbitration matters, including antitrust and product distribution claims and class action defense. Snell & Wilmer also has an active appellate practice and recently filed an amicus curiae brief on behalf of the International Franchise Association in a case before the Ninth Circuit Court of Appeals.

Intellectual Property

Snell & Wilmer’s intellectual property practice includes virtually every aspect of intellectual property, including federal trademark and service mark registration, state trademark and trade name registration, trade secret protection, copyright registration and protection, and patent prosecution and protection.

  • Federal Trademark Registration and Protection

Our attorneys routinely provide services on name availability and selection of marks, as well as preparation of use-based and intent-based registration applications, prosecution of applications in the Patent and Trademark Office through the registration process, and the policing and enforcement of federal trademark and service mark rights and rights under Federal Unfair Competition laws. We also offer state registration services including preparation of state trademark and trade name applications, renewals and assignments of the state registration and the enforcement and policing of trademark and trade name rights. Working with local counsel, we also routinely assist clients in protecting their intellectual property internationally.

  • Trade Secret Protection

Our experienced attorneys are able to assist clients in the formulation of methods and procedures to protect confidential and proprietary information and trade secrets. We also assist in the preparation of confidentiality and nondisclosure agreements.

  • Copyright

Our services include counseling clients on the protection of their copyright interests. Our attorneys are engaged in the negotiation and preparation of copyright licensing agreements and software licensing contracts.

Our Experience

The breadth of our franchise, distribution and licensing practice is illustrated by the following samples of projects in which Snell & Wilmer attorneys have been involved:

  • Advised client in acquisition of company with domestic and international franchised retail outlets.
  • Established registration and compliance programs for numerous franchise concepts including obtaining registrations in registration states, in some cases utilizing the coordinated review process.
  • Assisted major hotel company in converting its disclosure documents from UFOC Guidelines format to that of the amended FTC Rule.
  • Franchise counsel in acquisition of fitness concept by lodging company.
  • Structured franchise program based solely on fractional franchise exemptions.
  • Structured non-franchised distribution systems.
  • Represented clients in state and federal franchise investigations and enforcement actions and the settlement of those actions.
  • Franchise counsel for franchisor in mediation with franchisee association resulting in re-drafting of the system’s franchise agreement as part of the mediation process.
  • Represented major franchisor as local arbitration counsel in handling all arbitration and litigation matters in Arizona.
  • Analyzed and handled trademark registration, infringement and licensing matters for numerous clients.
  • Provided counsel for major franchise chain in structuring several international franchise agreements in Canada, Japan and Taiwan.
  • Provided West Coast counsel for national franchisor in over 10 franchise termination cases, including franchisee claims of fraud, misrepresentation and RICO related matters.
  • Assisted publicly-held restaurant franchisor in development and franchise agreements in China, Hong Kong, Japan, Korea, Singapore, Indonesia, Malaysia, the Philippines, Mexico, Dubai and India.
  • Franchise counsel in franchisor’s Chapter 11 bankruptcy proceedings (including negotiation and settlement with creditors committee consisting of franchisee association representatives and settlement of state enforcement action) and represented franchisor’s interest in franchisee bankruptcy.
  • Advised franchisors in sales and acquisitions of franchise companies including the sale of a non-franchised company that involved the winding down of an affiliate franchised concept.
  • Provided counsel to national fast-food franchisor in connection with franchise termination and nonrenewal legislation as introduced in Arizona.
  • Litigated non-competition agreements for franchisors.
  • Represented Arizona-based franchisor in initial public offering.
  • Provided counsel in recapitalization of Arizona-based franchisor seeking to set up area development program.
  • Assisted local investors in financing purchase of Arizona sports franchise.

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Peer Reviews

4.8/5.0 (720 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Review for Mr. Robert Feinberg by a Judge on 05/03/13 in Civil Litigation

    Mr. Feinberg was in the public sector when he joined my firm in the early to mid 1990s. I was very impressed with him then and, when I left private practice to take the bench, I know that he continued to have an excellent reputation working at his pr... Read more

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  • 5.0/5.0 Review for Nathan Davis by a Managing Partner on 04/15/13 in Civil Litigation

    This is one of the best and most honest lawyers I have opposed in many years. He has talent beyond his years.

Peer reviews submitted prior to 2008 are not displayed.

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Diversity

Snell & Wilmer has a deep and longstanding commitment to developing, maintaining and fostering an inclusive and accepting environment rich in diversity. By hiring and retaining a diverse group of attorneys whose collective talents and creativity are drawn from a broad cross-section of backgrounds and outlooks, we enhance our ability to offer superior legal services to our clients.

To boost our efforts, Snell & Wilmer’s Attorney Development, Hiring, and Diversity Committees will ensure that the firm continues to value and promote diversity through focused hiring, development and community efforts.

Commitment to Students

Snell & Wilmer believes that its efforts to reach out to students at every level will increase diversity within the legal profession. Snell & Wilmer is committed to fostering relationships with students.

In our Phoenix, Tucson, Las Vegas, Salt Lake City, and Denver offices, Snell & Wilmer hires diverse law students as interns in connection with the firm’s support of area law schools’ diversity legal writing programs. Current diverse attorneys are involved with the selection of the students and in the administration of the program. The intern is assigned several written projects and receives feedback from assigning attorneys. The intern also is paired with mentors at the firm who coordinate social meetings with partners from various practice groups throughout the internship to assist in developing the intern’s understanding and exposure to various types of legal work. Interns also have opportunities to attend hearings, depositions, and meet clients.

For the past several years, Snell & Wilmer has led the efforts in Arizona for the American Bar Association Section of Litigation’s Judicial Internship Opportunity Program. This nationwide program enables diverse and economically-disadvantaged second-year law students to obtain a judicial internship during one summer. A large component of the program includes mentoring and administrative efforts to offer social activities throughout the summer. Snell & Wilmer attorneys participate in this program as mentors, as social programming coordinators, and as the lead contacts for questions from the Phoenix students.

As part of its focus on encouraging diverse students to pursue legal careers, Snell & Wilmer’s attorneys engage in multiple in-person activities with high school and elementary students. For example, Snell & Wilmer hosts high school students interested in a legal career and their families for a reception and tour of the firm. Additionally, attorneys attend career fairs at local high schools that have a major concentration of ethnically diverse students in an effort to encourage interest in a legal career. Snell & Wilmer also has partnered with a Phoenix elementary school to provide math and reading tutors and to invite the students for a day at the office.

Several attorneys also participate in the MentoRing program in association with the Hispanic National Bar Association and the Arizona State University Sandra Day O’Conner College of Law. The MentoRing program partners minority undergraduate and law students with practicing attorneys in an effort to provide multi-layered mentoring.

Snell & Wilmer’s Diversity Committee is working to establish and implement the Snell & Wilmer Pre-Law Program targeted at diverse undergraduate students. In 2009, the Diversity Committee implemented the LSAT Scholarship component of the Pre-Law Program and awarded three scholarships to diverse students to attend an LSAT preparation course of their choosing. The Diversity Committee looks forward to growing this program in 2010.

Commitment to Community

As a corporate member of the Diversity Leadership Alliance ("DLA"), Snell & Wilmer participates in promoting and furthering diversity in the work place by exchanging ideas regarding diversity initiatives with other businesses. Membership in DLA allows Snell & Wilmer to participate in monthly seminars focused on diversity topics.

Snell & Wilmer is also a signatory to the Colorado Pledge to Diversity. In 1993, as a result of the collaborative efforts of twenty-three Denver law firms, a plan was launched to significantly increase the number of racially and ethnically diverse attorneys recruited, hired and promoted by law firms in Colorado. These law firms signed a Pledge to Racial and Ethnic Diversity in Colorado Law Firms and meet regularly to determine the means in which to achieve the goals set forth in the pledge. Some programs and activities have been: (1) hiring a first-year diverse law student as a summer intern; (2) co-sponsorship of annual Diversity in the Work Place Reception; (3) award of four book scholarships to local diverse law students; and (4) sponsorship of the annual Rocky Mountain Minority Legal Career Fair.

Snell & Wilmer attorneys personally involve themselves with organizations dedicated to diversity, including Women Lawyers groups, Minority Bar Associations, and Human Rights groups dedicated to the LGBT community. Additionally, attorneys are actively involved with area volunteer lawyer groups and organizations that address legal issues affecting minorities and under-represented groups, including the Judicial Council Task Force on Racial and Ethnic Fairness in the Criminal and Juvenile System.

Commitment to Professional Development

All associate attorneys are provided with a Coach (mentor) to guide them through all stages of their associate careers - from first-year challenges to partnership consideration. Coaches are provided materials designed to support them in their role. Coaches are expected to check-in with associates on a regular basis and engage in discussions with the associate concerning firm culture and the practice of law. Coaches also are responsible for fostering connections with other partners throughout the firm and various practice groups. The firm encourages informal mentoring among its attorneys and promotes various social events, both firm-wide and practice group-specific, to develop and strengthen interpersonal relationships and relationships with families. Additionally, the Attorney Development Manager checks-in with attorneys to assess the firm’s efforts of inclusion and whether changes to the mentoring relationship are necessary.

Named for Snell & Wilmer’s first woman partner, the Mary Leader Women in Leadership Program aims to promote women inside and outside of the firm through events in each of our offices. Examples of past events include afternoon lunches, a spa day, networking events with clients, golf clinics, and an annual holiday party.

Commitment to Family

Snell & Wilmer is committed to providing our attorneys with a meaningful opportunity to balance professional and personal demands. The firm offers 12 weeks of paid maternity and paternity leave to attorneys for the birth or adoption of a child. The firm recognizes that, at times, attorneys may have family obligations or personal needs that may merit either adjusting or reducing their work schedules. As a result, the firm considers alternative work arrangements on a case-by-case basis. The consideration of proposals will take into account the needs of the attorney, the practice group, the firm, and our clients.

Domestic Partner Benefits are provided to same-sex couples of both attorneys and staff.

Additional Information

For additional information about Snell & Wilmer’s diversity programs, initiatives and efforts, please contact the Chairperson of Snell & Wilmer’s Diversity Committee, Monica Limón-Wynn.

 

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