Kim Mccullough
Kim Mccullough

Kim I. McCullough

Partner

mcculloughk@ballardspahr.com
Tel 303.299.7318
Fax 303.296.3956
Denver

Kim I. McCullough leads the firm's Franchise and Distribution Group. Ms. McCullough focuses on representing franchisors regarding compliance with franchise registration and disclosure laws, franchisor-franchisee relations, international expansion, mergers and acquisitions, general business matters, and trademark issues.

Ms. McCullough represents franchisors operating domestically and internationally within a variety of market segments, including restaurant, automotive aftermarket, professional services, retail consumer products, real estate, and business-to-business services. Additionally, she represents companies with alternative licensing and distribution networks, as well as private equity funds and other investors in franchise concepts.

Ms. McCullough counsels franchisors in both acquisitions and sales, advising private equity funds in acquisitions of franchise companies, handling asset sales in which franchisor-owned businesses transfer to franchisees, and counseling franchisors on their acquisition of franchised businesses. She also represents development-stage franchisors through to mature companies. Ms. McCullough has extensive experience in drafting franchise disclosure documents and related agreements, and she assisted in developing an international expansion program for Canada, Mexico, and other countries for a variety of franchise clients.

Representative Matters

  • Provided corporate and franchise representation to a snack-food franchisor from development phase to 250 franchises as well as during acquisition by a major multiconcept food franchisor
  • Developed computer reseller program for a franchise company, then assisted in completion of a $57 million merger transaction with two other computer hardware franchisors and continued representation of surviving company during its growth to over $3.5 billion in systemwide revenues
  • Structured national and regional advertising funds and cooperatives for major national and international franchisors
  • Provided full-service representation to a national quick-lube franchisor for more than 20 years
  • Structured alternative distribution and licensing systems for nonprofit companies in areas of entrepreneurial training and foster-children support programs and for-profit companies in various industries
  • Implemented programs for reacquisition of franchises or discontinuation of franchise programs for vending companies and two major restaurant systems
  • Assisted in restructure of area and unit franchise programs for 3,000-plus-unit international fast-food franchisor, for 400-plus-unit packaging and shipping franchisor, and 200-unit candy franchisor

Professional Activities

American Bar Association
Member, International Law Section, Forum Committee on Franchising; past Member, Forum on Franchising, Publications Committee (2003-2006 )

Colorado Bar Association, Franchise Law Section

Denver Bar Association

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, national ranking, franchising law, 2011-2013

The Best Lawyers in America, franchise law, 2003-2014

Franchise Times, "Legal Eagle," 2008-2014

Named Best Lawyers' 2012 Denver Franchise Lawyer of the Year

AV Peer Review Rating, Martindale-Hubbell

International Who's Who of Business Lawyers, franchise law

Publications

"Disclosure Changes," chapter in The FTC Franchise Rule, American Bar Association, 2008

"What is an Earnings Claim?" chapter in Financial Performance Representations: The New and Updated Earnings Claims, American Bar Association Monograph, Earnings Claims, 2008

Speaking Engagements

"Franchise Disclosure and Registration," International Franchise Association Legal Symposium, 2006

"Alternative Distribution Arrangements," American Bar Association Forum on Franchising, 2003

"Annual Judicial & Legislative Update," American Bar Association Forum on Franchising, 2001

"Legal Developments in E-Commerce," International Franchise Association Legal Symposium, 2001

"Hidden Franchises," CLE International Conference on Franchise Law, 2000

"Developing a Franchise Program for a Franchisor," CLE International Conference on Franchise Law, 2000

University of Colorado Law School (J.D. 1981)

University of Oregon (B.S. 1977)
Member, Phi Beta Kappa

Colorado

U.S. District Court for the District of Colorado

U.S. Court of Appeals for the 10th Circuit