Franchising

Representative Experience

  • Represented franchisor of restaurant trademark and concepts in connection with an individual Chapter 11 case. Assisted the client in reaching a global settlement with the Debtor and obtaining Court approval of the rejection and termination of the debtor’s development agreement, exercise of setoff rights, assumption of the Debtor’s obligation under various guaranty agreements, and approval of the assignment of one of the Debtor’s individually held franchises to an affiliated corporate entity.
  • Representing multi-unit franchise owners in connection with acquiring the franchise rights, structuring of the franchise operations and negotiating and drafting of the related joint venture agreements.
  • Represented franchisor, Rollins Inc., in connection with its domestic sales program and its international expansion into China, Mexico, Costa Rica, Panama, Dominican Republic, Honduras, South Korea, Nigeria, United Arab Emirates, Saudi Arabia, Kuwait, Bahrain, Qatar, Lebanon, Turkey, Ireland and Cyprus.
  • Successfully registered a national chain of restaurants in all required franchise registration and exemption states.
  • Obtained a more than $550,000 jury verdict in favor of our client, for breach of contract in a dispute involving the sale of a Bruster’s Ice Cream franchise. Our client, individuals purchasing the franchise, were successful in establishing that the Defendant had committed fraud in providing false and misleading information to them prior to the sale, information which caused them to purchase a failing business that they otherwise would not have purchased. A judgment was rendered on counts of fraud and rescission, allowing our client to recover actual damages in the amount of $265,000, attorney’s fees of $85,000, and a punitive damage award of $200,000.
  • Represented the franchisor of hotel trademark and concepts client in connection with In re The Finova Group, Inc. bankruptcy case.
  • Represent multi-unit franchisee in connection with its acquisition of numerous restaurants and related corporate matters.
  • Serves as a preferred vendor for franchisees of wide variety of multiple regionally and nationally franchised concepts in providing real estate, corporate and franchise counsel, including negotiating leases across all fifty states and Canada for child care systems, health care clinics, restaurants, service providers, fitness facilities and other "Amazon proof" retail brands.
  • Serves as outside general real estate counsel for over 20 national restaurants and franchised concepts, including a nationally franchised fast-casual restaurant concept recently recognized by Forbes Magazine as the number one private company to watch in America, and also including the fastest growing franchise brand in the US in 2018.
  • Represents group of investors from the Midwestern United States as general counsel for their restaurant and hotel franchise systems.