Resources
COLORADO
Ballard
Spahr Andrews & Ingersoll, LLP
www.ballardspahr.com
Ballard Spahr's
Franchise and Distribution Group focuses on the needs of franchise and
distribution system companies to deliver complete solutions, integrating
transactional creativity with regulatory experience, intellectual property
protection, and litigation prosecution and management.
By organizing a practice team around
our clients' business and legal needs, Ballard Spahr is well suited to cover
the full range of issues facing our franchise and distribution industry clients
in today's rapidly evolving business environment. Our clients include large
private and public multi-national companies, growing and start-up franchise and
distribution systems, multi-unit developers and operators, private investors
and venture capital companies contemplating franchise and distribution system
investment opportunities, and lending institutions engaged in lending and other
financial activities.
Ballard Spahr lawyers have been
engaged in a wide variety of franchise and distribution system-related matters,
including:
- Franchise
Law Counseling and Compliance
- Litigation
- Distribution
and Sales Agency Counseling
- Mergers/Acquisitions
- Securities
- Financial
Lending
- Intellectual
Property
- Real
Estate/Land Use/Retail Development
- Workouts/Bankruptcy
Faegre & Benson LLP
Faegre & Benson understands that Franchising is one of the most dynamic and exciting growth vehicles in our global economy. To achieve its objectives in the challenging, yet rewarding, franchise world, a franchisor must partner with a legal team that not only understands franchising, but also takes the time to understand the franchisor's business and objectives.
Few law firms embrace this approach with more passion and commitment than Faegre & Benson. We know the franchise business top to bottom, including the complexities created by the overlap of state and federal law. We also understand the challenges of building and operating a franchise system. It's your business. You need answers and we'll provide unparalleled legal support. We also understand what it means to be a part your team - finding solutions that allow you to meet your objectives.
Our lawyers are leaders in the franchise community. The team includes: a Past Chair of the International Franchise Association's (IFA) Supplier Forum; a member of IFA's Legal/Legislative, Membership and FranPac Committees; a member of IFA's Women's Franchise Committee and one Chair of the Women's Franchise Network Taskforce; a member of the Advisory Board for Nova Southeastern University's International Institute of Franchise Education; the Editor in Chief of the Franchise Law Journal; and the incoming Director of the ABA Forum on Franchising's LADR Committee.
Faegre & Benson LLP regularly handles among the most complex and challenging transactions and litigation work facing multinational businesses. The firm offers clients more than 475 lawyers in a full range of practice groups, with experience handling transactions and litigated matters in nearly every U.S. state and in more than 60 countries. All our international offices include substantial teams of foreign and U.S. lawyers
Brown & Kennady, LLC
2000 S. Colorado Blvd.
Suite 2-610
Denver, CO 80222
303-757-3800
www.jbrownlegal.com
J. Brown & Associates is a small firm focused on the needs of franchisors and franchisees. By representing both franchisors and franchisees, the firm is uniquely positioned to understand both sides of the transaction, which leads to the drafting and negotiation of franchise documentation that is both legally and commercially sound.
Since graduating from Vanderbilt Law School in 1995, and prior to starting his own firm in 2003, Jeff Brown has had experience as an associate at a large law firm and as senior in house counsel. His practice focuses on franchising, intellectual property and general business matters. Jeff has extensive experience representing both franchisors and franchisees and has completed numerous speeches and articles on franchising. He is a member of the American Bar Association's Forum on Franchising and for each of the past 2 years he has been a featured speaker at The National Franchise and Business Opportunities Show.
Scott Kannady graduated from the University of Oklahoma law School in 1998 and has significant experience in advising clients in the areas of franchise and intellectual property law. He has drafted and negotiated numerous franchise deals and worked closely with franchisors to register their offerings in all states which require registration and in registering their trademarks.
Services for Franchisors:
The firm specializes in representing start-up franchisors on a nationwide basis in connection with all types of franchise legal matters and transactions. Both Jeff and Scott regularly assist start-up franchisors with:
- Understanding the basic
requirements for a successful franchise system.
- Structuring the franchise
system to minimize legal and business risks.
- Drafting all form agreements
to be used with franchisees, including: franchise agreement, development
agreement, confidentiality agreement, non-competition agreement, personal
guarantee, promissory note, etc.
- Drafting the uniform franchise
offering circular (UFOC) and exhibits.
- Preparing and filing
Trademarks with the U.S. Patent and Trademark Office.
- Preparing and filing
registration forms required by various state agencies.
- Reviewing operations and
policy manuals.
- Training franchise sales staff
on legal compliance.
- Advising on state laws
affecting franchise sales and relationships.
- Annual updates to the UFOC (as
required by law)
- Updating the UFOC and form
agreements to reflect changes to the system or changes in laws
- Filing and Renewing state
registrations and exemptions
- Advising on negotiating
changes to franchise agreements, encroachment, enforcing system standards,
franchisee defaults, termination, non-renewals, transfers, co-branding and
other franchise law issues
Services for Franchisees:
Jeff and Scott provide comprehensive legal services to franchisees of all sizes, ranging from new franchisees about to sign their first franchise agreement, to experienced multi-unit developers or master franchisees. They help franchisees with their legal rights and obligations under franchise agreements and other agreements that affect their businesses. Services provided to franchisees include:
- reviewing and commenting on
the proposed franchise agreement.
- negotiating changes with the
franchisor.
- organizing a new corporation,
limited liability company, or other entity to own and operate the
franchise.
- reviewing the proposed lease
for the franchise location.
- dealing with transfer,
termination, non-renewal, and other franchise law issues.
Perkins Coie LLP
|
Franchise
Practice Group |
Perkins Coie LLP
is a full-service international law firm with over 500 lawyers. Founded in 1912
in Seattle, Washington, Perkins Coie has 14 offices, concentrated in the
western United States and Pacific Rim.
The firm's franchise lawyers provide a full range of legal services for both
developing and established franchisors, including the structuring of a
franchise program and the preparation of franchise agreements, offering
circulars and other documents necessary to comply with state and federal
registration and disclosure laws. The firm has extensive experience in
counseling mature franchisors in matters of franchisor-franchisee relations,
international expansion, restructuring the franchise system or programs within
the system, handling transfers, terminations and renewals and in structuring
multiple unit, subfranchisor, supplier, joint venture, dealership and
alternative license relationships. The litigators in the Franchise Practice
Group handle franchise litigation, franchise dispute resolution, arbitration
and intellectual property cases.
Kim I. McCullough (kmccullough@perkinscoie.com)
is the partner in charge of the firm's franchise practice. Since graduating
from the University of Colorado School of Law in 1981, she has devoted
substantially all of her practice to representing franchisors. Ms. McCullough
is a member of the ABA Forum Committee on Franchising, has written articles on
franchising for state and national publications and has been a speaker at
International Franchise Association Legal Symposiums and Annual Conventions and
ABA Forum meetings. She has also served as General Counsel to a national
franchisor. Ms. McCullough is a Phi Beta Kappa graduate from the University of
Oregon.
Jeffrey J. Cowman, (jcowman@
perkinscoie.com) a partner in the firm, specializes
in a general trial and arbitration practice with particular emphasis in
commercial and franchise litigation. He received his undergraduate degree in
finance, summa cum laude from Moorhead State University in Minnesota in 1978
and his law degree from the University of Colorado in 1981. He is admitted to
all state and federal courts in the State of Colorado. Mr. Cowman is a member
of the Defense Research Institute and is the former president of the Colorado
Defense Lawyers Association.
Donald Salcito (dsalcito@perkinscoie.com),
a partner in the firm, specializes in securities law, corporate transactions
and mergers and acquisitions. He has represented franchise clients in corporate
transactions and financings. Mr. Salcito is a 1975 Phi Beta Kappa graduate of
the University of Connecticut and a 1979 graduate of the University of Arizona
School of Law.
Judith B. Gitterman (jgitterman@perkinscoie.com),
of counsel in the Los Angeles office, practices in the areas of business and
franchise litigation and appellate law. She received a B.A. magna cum laude,
from the University of Pennsylvania in 1978 and her law degree from the Cornell
Law School in 1984. Ms. Gitterman has authored numerous articles on franchise
related topics in state and national publications, has been a presenter at the
ABA Forum on Franchising and the Annual Legal Symposium of the International
Franchise Association and is a member of the ABA Forum Committee on
Franchising.
Lynne M. Hanson (lhanson@perkinscoie.com),
of counsel, specializes in writing franchise disclosure documents,
franchise-related agreements, and in registering franchisors to sell
franchises, both domestically and internationally. She also practices in the
areas of corporate and trademark law. She received her undergraduate degree
from Carleton College in 1981 and her law degree from the University of
Colorado in 1988. Ms. Hanson is a member of the ABA Forum Committee on
Franchising.
Garrett M. Tuttle (gtuttle@perkinscoie.com),
of counsel, practices in the areas of franchise, trademark and intellectual
property law, with a focus on transactional matters including: drafting of
franchise disclosure documents, franchise agreements and related documents;
filing and maintaining state franchise registrations; and obtaining and
maintaining state, federal and international trademark rights. He is a Member
of the ABA Forum on Franchising and Intellectual Property Law Section.
James D. DeRoche (jderoche@perkinscoie.com),
of counsel in the Los Angeles office, specializes in franchise litigation
including trademark, antitrust, provisional remedies, unfair competition,
franchise law, mediation, arbitration and trials. He practices in both federal
and state courts. He received his undergraduate degree from Santa Clara
University in 1971 and his law degree from the University of the Pacific,
McGeorge School of Law in 1975. He is a member of the State Bar of California
and the Los Angeles County Bar Association.