Franchise and Distribution
We have over 35 years of experience in the fields of franchising, licensing, and distribution. All of our franchise attorneys have been certified as Legal Specialists in Franchise and Distribution Law by the Board of Legal Specialization of the State Bar of California.
The firm routinely counsels clients regarding the preparation of franchise disclosure documents, franchise agreements and related documents, Seller Assisted Marketing Plan (Business Opportunity) documents and registrations, exemption filings, franchise law compliance, franchise transfers, business sales and acquisitions, licensing agreements, and contract negotiations. Due to the firm’s other areas of expertise, it is also in a position to offer its franchise clients advice on all aspects of real estate and counseling on general business matters.
The firm also has an extensive franchise litigation practice, and has represented clients in litigation, mediation, and arbitration involving issues such as contract compliance, defense of fraud claims, enforcement of operating standards, termination and breakaways, unfair competition, federal and state regulatory actions, trademark enforcement, antitrust claims, Franchise Investment Law issues, RICO actions, premises and vicarious liability, and general commercial litigation.
The firm’s attorneys have authored numerous articles, are frequent speakers on franchise-related topics at bar associations and industry meetings, and have served as expert witnesses on franchise and distribution issues.
Franchise Practice Attorneys
Several recent cases have enmeshed the enforcement of arbitration clauses in franchise agreements in an array of court-made rules
For the franchisor, by using the capital and energies of motivated operators, a system can expand more rapidly than it could using the franchisor’s own capital and personnel.
This article explores methods often used to expand successful business concepts, including franchising, internal expansion, distributorships, dealerships, licensing, business opportunities, and other techniques.
Franchise Law Journal article which addresses Bolter v. Superior Court and its relation to the Federal Arbitration Act.
Presented to the Business and Business Litigation Section of the San Mateo Bar Association, San Mateo, CA, and the Alameda Bar Association, Oakland, CA.
This article briefly outlines some approaches to litigation management in trying to achieve both a cost-effective and favorable outcome as seen from the perspective of outside counsel and in-house counsel.
…was the subheading for Charles G. Miller and Darryl A. Hart’s article in this month’s issue of California Lawyer. The piece provides a concise explanation of the ways in which a company can unwittingly find itself a franchisor and subject to the requirements, burdens – and potential penalties – applicable to franchises under both California and federal law.