Franchising is a comprehensive business strategy that 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.
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 litigation on behalf of franchisors, Waller appreciates how federal and state laws intersect with the franchisor-franchisee business relationship.
Waller attorneys have the depth and breadth of experience to navigate our clients through the intensely regulated area of franchising by providing a wide variety of services, including:
- Franchising and licensing agreements
- Preparation and registration of franchise disclosure documents
- Trademark selection, clearance, registration and maintenance
- Relationship issues between franchisors and franchisees and dispute resolution
- Counseling on federal and state regulatory issues
- Distribution agreements
- Dealer agreements
- Sales representative agreements
- Corporate advice
Franchise Industry Experience
We combine extensive knowledge of state, federal and international franchise laws as well as a 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 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
- Healthcare franchises
Additionally, Waller leverages the firm's more than 50 years of healthcare experience to address the unique issues facing the expanding healthcare franchise services industry.