Our attorneys advise clients in all matters of franchising, distribution, and licensing law. We deliver complete solutions that integrate transactional creativity with regulatory knowledge, intellectual property protection, and litigation management.
Ballard Spahr is recognized as a leading law firm for Nationwide Franchising by Chambers USA: America's Leading Lawyers for Business and recommended specifically for client service. Additionally, we received top ranking from
U.S. News & World Report – Best Lawyers Best Law Firms in National Franchise Law. We represent operational franchisors, manufacturers, and distribution companies, as well as companies developing an initial franchise or alternative distribution program. We are committed to understanding each client's business and remaining at the forefront of industry developments.
Our clients include:
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Large private and public multinational companies
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Closely held businesses
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Start-up and growing franchise and distribution systems
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Multi-unit developers and operators
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Private investors and venture capital companies
The distribution and marketing of products and services in today's economy present challenges. Our extensive range of services ensures that our clients are covered. We handle:
- Franchise and distribution programs
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Franchise disclosure and registration
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Mergers and acquisitions
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International expansion
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Alternative licensing and distribution
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Franchise compliance and enforcement
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Franchisor/franchisee litigation and alternative dispute resolution
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Workouts/bankruptcy and franchise recovery and termination
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Intellectual property
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Real estate, land use, and retail development
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Business opportunity regulation
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Transfers and renewals
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State and local taxation
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Supplier relationships
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Franchise advisory council structure and relations
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Franchisee representation
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Gift card, e-commerce, and consumer issues
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Advertising funds and the development of related programs and materials
Franchisor Representation
We represent franchise companies in a wide range of transactional and regulatory matters, including entity formation, franchise offering structure, franchise documentation, franchise registration and disclosure law compliance, and ongoing system counseling. We work with fully operational franchisors in various industries as well as businesses exploring franchising as a way to expand their business.
In addition to handling issues related to the franchisor-franchisee relationship, we coordinate representation on corporate securities litigation, contract, real estate, employment, and consumer matters. We implement operational agreements, handle mergers and acquisitions of franchise-related companies, draft and negotiate national supply contracts, develop international franchise programs, establish dual distribution systems, review operations manuals, and assist franchisors with financially troubled franchisees.
complex Litigation
We represent franshise and distribution companies in franchise termination and relationship, trademark infringement, commercial, antitrust, product liability, securities, employment, and covenants not to compete litigation.
Intellectual Property
Our team handles all forms of traditional intellectual property matters, including the registration of trademarks, service marks, copyrights, and patents. We negotiate license and acquisition agreements, enforce intellectual property rights, litigate in federal and state courts, and handle all administrative proceedings.
Workouts/Bankruptcy
We represent franchisors, distributors, suppliers, and secured and unsecured lenders in workout negotiations, bankruptcies, lender liability, loan participation litigation, and bankruptcy proceedings.
contact
Kim I. McCullough
Practice Leader
Tel 303.299.7318
mcculloughk@ballardspahr.com