LeClairRyan's Franchise Industry team is composed of talented and respected attorneys who possess a wealth of experience resolving the full spectrum of issues that can arise in the franchise and distribution industry. We understand the business needs of franchisors and franchisees and how to manage that dynamic relationship, as well as the unique considerations that come into play in dealer and distribution systems. Regardless of the matter at hand, we are singularly focused on delivering business solutions—not just legal strategies—for our franchise and distribution clients.
Our attorneys have successfully represented franchisors, franchisees, dealers and distributors in litigations in federal and state courts across the nation as well as in alternative dispute resolution proceedings. With a client list as diverse as the franchise industry itself, our team consistently achieves maximum strategic advantages for our clients. The franchise and distribution businesses we represent include:
- Food and beverage
- Convenience stores
- Retail
- Hoteliers
- Airport service providers
- Health and wellness businesses
- Financial services
- Automotive dealers
- Oil and gasoline outlets
- Specialized component manufacturing
- Electronics
- Cleaning services
- Fitness training
- Party supply products
- Language learning
- Pavement maintenance
Our team members possess a depth of experience in franchise and distribution law within their particular areas of practice, working collaboratively to protect your company’s best interests. We understand the franchise industry from an insider’s perspective. For example, one of the firm’s Franchise Industry attorneys is a former director of the nation’s largest party supply corporation, who assisted the company in its start-up, mezzanine and IPO financing. Our attorneys also are active members in related trade associations such as the International Franchise Association, the American Bar Association Forum of Franchising, the International Council of Shopping Centers, the Virginia Hospitality and Travel Association, the National Association of Licensing and Compliance Professionals, the National Alcohol Beverage Control Association, and the National Conference of State Liquor Administrators. Moreover, members of our team have been recognized by Super Lawyers and Best Lawyers in franchise and distribution law amongst other practice areas.
Our distinctive strengths include:
- Franchise development and disclosure document preparation
- Franchise registrations and regulatory filings
- Franchise licensing applications and transfers (international, federal and state)
- Franchise-related agreement negotiation
- Franchise corporate transactions
- Franchisee and franchisor relationships and termination issues
- Intellectual property rights, including trademark registrations
- State and federal regulatory compliance
- Regulatory investigations
- Financing and workouts
- Bankruptcy issues
- Mergers and acquisitions
- Operational issues
- Labor and employment issues
- Federal Corrupt Practices Act (FCPA) counseling, training and policy revision
- Anti-trust matters
- Breach of contract, encroachment and non-compete disputes
- Leasing, real estate and zoning matters
- Leasing issues related to airports
- Buying and selling of multiple units
- New product development, distribution strategies and product recall
- Issues related to the manufacturing, licensing, taxation, labeling, advertising, marketing, distribution and sale of wine, beer, liquor and non-alcoholic beverages
- Equipment leasing
Representative matters:
- Advised national franchisor in a major restructuring of its franchise system
- Represent franchisors as outside franchise counsel in preparing franchise agreements and FDDs, and assisting with franchise registrations, exemptions and disclosure compliance
- Represented purchaser of national restaurant chain from parent company for repositioning of brand and franchising of units
- Assisted company with a nationwide distribution system in the conversion of the distribution system to a franchise system
- Represent franchisees in debt restructuring, reorganization and bankruptcy issues in bankruptcy courts across the nation
- Served as litigation counsel for franchisor in franchise disputes in courts and arbitrations throughout the United States
- Provide international franchisees with business counsel related to FCPA counseling, training and policy revisions
- Represented numerous trademark and service mark owners in connection with their national and international branding programs, and in the prosecution and maintenance of their trademarks and intellectual property rights
- Represented large national chains in connection with dealership and franchise matters, including terminations
- Represented numerous franchise clients in state administrative proceedings involving franchise terminations
- Represent airport service providers in matters related to leasing agreements
- Represented franchise clients in establishing and amending Virginia franchise statutes governing motor vehicle dealers, wine and beer distributors, petroleum dealers and heavy equipment dealers
- Served as general counsel and intellectual property counsel in franchise termination proceedings in courts across the nation
- Represented businesses desiring to franchise their concept
- Represented national franchisor in land use, leasing and acquisition matters related to operating convenience stores with gas stations
- Represented national franchisor in drafting local ordinance and in complying with existing ordinances
- Represented franchise clients in connection with lease of retail space and compliance issues
- Advise franchisees on how to handle vendors or other parties that are in financial distress
- Represent franchisors in disputes arising from termination of franchise agreements
- Represent franchisors in drafting separation agreements with franchisees and in actions related to non-payment of franchise fees
- Represent franchisees in employment disputes including wage and hour class action and wrongful termination matters
- Represented regional steakhouse franchisor in litigation with former franchisees concerning non-competition provisions
- Advised franchisee on the withdrawal of a franchise agreement with a regional coffee franchisor
- Represented franchisees against claims involving fraud and negligence by dissatisfied customers
- Represent automotive dealer franchisees in claims involving wrongful termination, sexual harassment and discrimination by employees and customers
- Representing franchisee in fraud/breach of contract lawsuit against franchisor
- Prosecute trademarks and service marks in connection with franchises, draft trademark licenses in the franchise context, and review trademark and intellectual property-related language in franchise disclosure documents
- Represented potential franchisees in negotiating with franchisors and in dealing with breach of franchise agreements, including allegations of unconscionability
- Represented convenience store franchisor and its franchisees tort claims involving matters such as slip/trip and falls, assaults, murders, negligent security and explosions
- Represented franchisor in commercial litigation against its landlord and in litigation involving breach of contract claims against its franchisee