Franchising combines the advantages of the support and experience of a franchisor with the opportunity for local independent business persons to mature quickly into a market competitor with critical mass. The potential geographic expansiveness and long-term business relationships cause franchising to be regulated by an array of dynamic federal, state and local laws. Waller attorneys have the depth and breadth of experience to navigate our clients through this intensely regulated area providing a wide variety of services, including:
- Corporate advice
- Dispute resolution
- Licensing agreements
- Preparation and registration of franchise disclosure documents
- Trademark registration
Our Approach
Franchisors looking to expand operations both nationally and internationally rely on Waller to help them reach their strategic expansion goals. A leader in counseling and litigating on behalf of franchisors, Waller appreciates how federal and state laws intersect with the franchisor-franchisee business relationship. We combine our extensive knowledge of state, federal and international franchise laws as well as our deep understanding of the franchise industry with our experience obtaining and enforcing trademark and trade secret rights to provide our franchise clients with full-service counsel.
As part of our "total franchise package" approach, Waller attorneys collect unpaid royalties, obtain temporary and permanent injunctions preventing the use of trademarks and trade secrets, and facilitate the transitioning of underperforming franchisees out of the franchise system. We also advise our franchisor clients in all aspects of franchisee relations, anticipating issues such as compliance requirements in a manner that avoids or greatly reduces the need for litigation.
Industries in which we have experience include:
- Cleaning and restoration services
- Inspection and repair services
- Quick service and other restaurants
- Real estate brokerages
In addition to our work with franchising, we also draft and enforce distribution agreements, dealer agreements, and sales representative agreements involving the sale of goods or the provision of services.