Franchising

Franchising

Franchisors looking to expand operations 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 attorneys have the depth and breadth of experience to navigate our clients through the intensely regulated area of franchising. We guide clients with a steady hands-on approach derived from decades of experience.

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. By understanding our clients' businesses, as well as their short- and long-term goals, we are prepared to represent their interests.

Waller offers legal services in all aspects of franchising with solutions in the hospitality, service, retail and healthcare sectors. Our experience in the healthcare industry positions our healthcare and franchise practices to combine their experience to cover the unique issues facing the expanding healthcare franchise services industry. 

As part of our comprehensive approach to franchising, Waller attorneys provide a wide variety of services, including:

  • Franchising and licensing agreements
  • Preparation and registration of franchise disclosure documents
  • Trademark selection, clearance, registration and maintenance, including obtaining temporary and permanent injunctions preventing the use of trademarks and trade secrets
  • Relationship issues between franchisors and franchisees, including transitioning underperforming franchisees
  • Counseling on federal and state regulatory issues
  • Collection of unpaid royalties
  • Distribution agreements
  • Dealer agreements
  • Sales representative agreements
  • Corporate advice

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.

When franchising intersects with commercial real estate acquisition or leasing, Waller's team of real estate attorneys manages the demands and expectations of clients in all aspects of real estate acquisition, development, leasing, financing and investing.

Waller attorneys assist franchising clients as they confront the wide range of issues associated with advertising and promotions. Waller represents clients ranging from sports franchises and stadium operators, to publishers and broadcasters, to retailers and manufacturers, providing services on a wide range of issues, including:

  • Advertising agreements
  • Sweepstakes and contest compliance
  • Sports team and event sponsorship agreements
  • Website terms and conditions

A strong supply chain is critical for success in many industries. Waller attorneys work proactively to guide clients' business decisions and accomplish their goals, including assistance with vendor, supplier broker, sales representative and distribution agreements, as well as commercial contracts and cross-border transactions.

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