Franchise Regulation
The Franchise Group at Briggs and Morgan conducts an internationally recognized practice in the representation of franchisors, franchisees, purchasing cooperatives, franchisee investors and franchisee associations in all aspects of franchising related to business formats, product distribution, sports entities and municipal utilities. Briggs and Morgan is recognized for having one of the preeminent franchisee association practices in the United States. When appropriate, we work in close contact with a client’s business lawyer as special counsel.
As counsel to franchisors, our services include planning and structuring distribution alternatives; preparing agreements and registration and disclosure documents; and assisting with franchise sales regulation compliance. We have represented several national and international franchise associations in comprehensive renegotiations of standard franchise agreements for use throughout respective systems. In addition, Briggs served as lead counsel in negotiating a revolutionary multi-branding franchise agreement with one of the world's largest restaurant franchisors.
Briggs’ franchise attorneys have assisted in establishing and structuring new nationwide independent associations of franchisees; negotiating and renegotiating standard system franchise agreements; negotiating favorable settlements of legal disputes and litigation; establishing and operating cooperative purchasing and distribution programs; strategic planning and market research, as well as advertising cooperatives and communication; establishing trademark rights; negotiating manufacturing agreements with independent competitive suppliers; handling relationship management; preserving and enhancing franchisee equity; mergers and acquisitions of system franchisors; supply chain management; and establishing independent, franchisee-owned brand identification. We have also assisted in establishing inter-brand confederations of franchisee associations.
Widely regulated by state and federal law, franchising can be a lucrative investment opportunity for entrepreneurs, as well as larger businesses. It is a powerful business technique for product and service distribution, growth, and international marketing, when used correctly. Briggs attorneys provide counsel in planning and executing distribution programs, converting distribution programs from one method to another, managing franchise and dealer relationships, and resolving disputes through negotiation, franchise litigation or alternative dispute resolution procedures.
Franchising continues to expand as a major force in the economy, growing into new industrial and commercial sectors. Our extensive experience allows us to assist clients in constructing or restructuring a distribution program that is specifically designed to avoid the industry’s regulatory strictures. We serve as general counsel to the national franchisee associations of several leading restaurant, hotel and automotive aftermarket franchise systems, as well as advise franchisees, dealers and associations in business and dispute resolution matters.