Franchise Counseling

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The Franchise Group at Briggs and Morgan provides guidance, counseling and legal support to assist franchisors and franchisees with respect to a wide range of franchise-related matters. We regularly help our clients navigate various issues that can arise in connection with starting, managing and operating their franchises and franchise system. We work to find practical and efficient solutions to meet our client’s business needs.

Franchisors are faced with various statutory regulations, at both the state and federal level, which require continuing oversight and control. Our attorneys have significant experience in the application and interpretation of these statutory regulations and providing counseling and guidance to franchisors to help ensure that franchisors are fully compliant with all aspects of franchise regulations at both the federal and state level. As counsel to franchisors, attorneys at Briggs and Morgan provide services which include: drafting, amending, updating and filing required disclosure documents; drafting and revising franchise agreements and other related agreements; assisting with franchise registration and renewals; counseling on sales regulation requirements; and assisting with drafting and revising of documents pertaining to the transfer/sale of franchises. In addition, we have a significant amount of experience in helping to manage the relationships between franchisees and franchisors; assisting with dispute resolution; managing relationships between franchisors and their vendors; protecting trademarks and handling the litigation and arbitration of disputes with franchisees as they arise. We provide extensive counseling to our clients to ensure preventive measures are taken to try to avoid unnecessary, extensive and prolonged litigation. However, if litigation arises, we have highly skilled litigators to handle the most complex franchise matters. One of the leaders of our practice group developed and taught a franchise law course at the Hamline Law School. 

As counsel to franchisees, we help our clients navigate various issues relating to their potential or existing franchise investment. Our services include: reviewing disclosure documents and franchise agreements; advising clients with respect to the material terms contained in the disclosure documents and franchise agreements; and negotiating franchise agreements and other items relating to the clients’ franchise investment.

Our group of attorneys also have the experience and expertise to handle many of the related legal issues that arise in the franchise context. Attorneys at Briggs regularly handle business planning, trademark registration and litigation arising in the franchise context. In addition, members of our team provide counseling, guidance and litigation services as to antitrust issues that may arise in the franchise context, including claims pertaining to Section 1 and Section 2 Sherman Act claims, Robinson Patman Act claims, and price fixing disputes.

Our team of attorneys has the experience and expertise to represent franchisors and franchisees with their legal issues in various industries. Over the years, attorneys in our group have represented franchise clients in industries such as hair care, bath and body products, ice cream, fitness centers/weight loss clinics, hotels, used sporting goods equipment, delivery services, fast food, pizza and home purchasing.

Representative Matters

  • Defended company in franchise investigation conducted by Minnesota Department of Commerce.
  • Regularly represent franchisors in connection with the filing and updating of franchise disclosure documents and registration materials on a state-by-state basis.