We work with franchise and distribution businesses (including franchisors and multi-unit franchisees) to provide a wide range of regulatory compliance and legal needs, including

Franchise Development and Regulatory Compliance 

• Developing and modifying a franchise or distribution system
• Preparing and updating franchise disclosure documents
• Drafting and modifying franchise agreements, area development agreements, area representative agreements, and distribution agreements
• Obtaining state franchise registrations
• Enforcing franchise system standards and counseling on franchisee defaults, transfers, and terminations
• Counseling on international franchising and distribution
• Advising on other regulatory and compliance issues, including availability of franchise exemptions and exclusions, state franchise relationship laws, and state motor vehicle dealer and heavy equipment dealer laws

Business Counseling, Transactions, and Disputes

• Structuring and documenting business transactions, including mergers, acquisitions, and sales of franchise businesses and assets
• Registering trademarks and protection of intellectual property
• Addressing labor and employment issues
• Providing antitrust compliance and advice
• Handling site acquisition and leasing 
• Counseling on legal issues relating to purchasing and supply, advertising, privacy and data security, and social media
• Litigating, arbitrating, and resolving franchise, employment, and business disputes and claims

Clients and Industries Served

We represent regional, national, and international franchisors, multi-unit franchisees, and other distributors in a variety of industries including:

• Restaurants and food service
• Hotel, resort, and hospitality
• Fitness and athletic clubs
• Motor vehicle and tire manufacturers and distributors
• Healthcare goods and services
• Tax preparation services
• Commercial and residential cleaning businesses

Our experienced team helps franchise and distribution clients manage growth and make informed decisions

Attorneys on our team include experienced practitioners who understand franchise and distribution businesses and systems. They know how to navigate the maze of federal and state franchise regulations and to efficiently address and advise on other franchise and business law issues. For example:

• We counsel franchisors and distributers seeking to expand, including on how to maintain strong legal compliance and management support structures in the face of expanding geographic reach.
• Our team has the business acumen to counsel clients in the day-to-day issues that arise in operating a franchise system, including with franchisor-franchisee relationships.
• Our relationships with foreign franchise counsel facilitate international growth possibilities.
• The firm’s broad expanse of practice areas provides exceptional support to franchise clients.

Nelson Mullins is a member of the International Franchise Association, and our attorneys are members of the American Bar Association Forum on Franchising. Our attorneys regularly speak and write on franchise and motor vehicle dealership law issues. 

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Represent national restaurant franchisor on regulatory, disclosure, contractual, supply chain, system modification, intellectual property, franchisee, and social media issues (including revising franchise and area development agreements and updating disclosure documents, handling trademark registrations, obtaining state franchise registrations, and counseling on franchise terminations)
• Represent national franchisor of optical goods and services on regulatory, disclosure, and contractual issues, including updating disclosure documents, revising franchise and area development agreements, obtaining state franchise registrations, and advising on regulatory compliance
• Advising commercial and residential cleaning franchisor on employment issues, including relating to joint employer exposure
• Providing legal and strategic counseling to international auto manufacturers/distributors regarding drafting and enforcement of agreements with dealers, establishment and relocation of dealerships, and other dealer issues and programs
• Regularly represent franchisees, including multi-unit franchisees, in purchase or sale of their businesses and related matters