Resources
FLORIDA
Bush Ross, P.A.
P.O. Box 3913
Tampa, Florida 33601-3913
(813) 224-9255
(813) 223-9620 (Fax)
www.bushross.com
Bush Ross is a full service law firm established in 1981 in Tampa, Florida. The firm presently has thirty-eight attorneys and has enjoyed an AV rating by Martindale-Hubbell since the firms formation. The Bush Ross Franchise Group provides high-quality, cost-effective litigation and transactional support to its franchise clients. Our clients include both local and national franchisors and franchisees.We represent clients in franchise litigation matters that include issues of trademark infringement; termination; encroachment; underreporting; allocation of advertising contributions; collections; and bankruptcy. We represent clients in transactional matters that include preparation of offering property; trademark registrations and other intellectual property matters; state registrations; acquisitions and sales of franchise businesses; acquisitions, sales and leases of real property; and securities and tax matters.
Edward O. Savitz is a shareholder with Bush Ross and practices in
franchise litigation, commercial litigation, construction litigation and labor
and employment law. He received his Bachelor of Arts degree from Duke
University and his J.D., with Honors, from the University of Florida College of
Law in 1974. Mr. Savitz is a Master of the William Glenn Terrell American Inn
of Court. Mr. Savitz has received an AV rating by Martindale-Hubbell.
Email: esavitz@bushross.com
Randy K. Sterns is a shareholder with Bush Ross and practices in
franchise law, securities, taxation, trademark and licensing transactions,
distribution, deferred and stock compensation planning, nonprofit organizations
and general corporate law. He received his undergraduate degree, magna cum
laude, from Oral Roberts University, his J.D. and M.B.A. from Willamette
University in 1979 and his M.L.T. in Federal Taxation from Georgetown
University in 1984. Mr. Sterns has received an AV rating by
Martindale-Hubbell.
Email: rsterns@bushross.com
Alicia J. Schumacher is a shareholder with Bush Ross and practices in
franchise litigation, commercial litigation, construction litigation and labor
and employment law. She received her Bachelor of Arts degree, magna cum laude,
from Florida State University and her J.D. from Florida State University
College of Law in 1990. Ms. Schumacher is a member of the labor and employment
law section at the Florida bar and the Hillsborough Association of Women
Lawyers. She is also affiliated with the ABA Forum on Franchising and the
International Franchise Association. Ms. Schumacher has received an AV rating
by Martindale-Hubbell.
Email: aschumacher@bushross.com
Mark A. Basurto is a shareholder with Bush Ross and practices in the
area of franchise litigation, construction litigation, professional malpractice
and employment law. He graduated with honors from Lafayette College in Easton,
Pennsylvania with a Bachelor of Arts degree in Government & Law and
received his J.D. from Emory University in Atlanta, Georgia. Mr. Basurto is
admitted to practice in all Florida and Georgia State Courts, the United States
District Courts for the Middle District of Florida, Northern District of
Georgia, Middle District of Georgia and Southern District of Georgia. He is
also admitted to practice in the Untied States court of Appeals for the
Eleventh Circuit. Mr Basurto is a member of the International Franchise
Association.
Email: mbasurto@bushross.com
Brian T. McElfatrick is a shareholder with Bush Ross, whose practice is
primarily focused on franchise litigation and the representation of national
franchisors. He received his Bachelor of Arts degree from Bates College in 1994
and his J.D., cum laude, from Indiana University School of Law in 1998. Mr.
McElfatrick is admitted to practice in all Florida State Courts and the United
States District Courts for the Northern, Middle, and Southern Districts of
Florida. Mr. McElfatricks professional affiliations include the ABA Forum on
Franchising and the International Franchise Association.
Email: bmcelfatrick@bushross.com
Joseph A. Probasco is an associate with Bush Ross and practices in franchise
law, securities, taxation and general corporate law. He received his
undergraduate degree, summa cum laude from Michigan State University and his
J.D. from Florida State University in 1999.
Email: jprobasco@bushross.com
Cheryl L. Smith is an associate with Bush Ross and practices in corporate
law, franchise law and securities law. She received her Bachelor of Science
degree with honors from the University of Florida in 2001 and her J.D., magna
cum laude, from Stetson University College of Law in 2004. Ms. Smith also
received her M.B.A. degree from Stetson University in 2004.
E-mail: csmith@bushross.com
DLA Piper
Rudnick Gray Cary
DLA Piper Rudnick Gray Cary
has been a national and international leader in franchise and distribution law
since modern franchising began, and has been named the number one firm in the
world in the area of franchise law by the respected international survey
edition of The International Who�s
Who of Franchise Lawyers. Fifteen of the group�s lawyers were also singled out for recognition, more than double the
number from any other firm.
We currently represent several
hundred franchisors and other enterprises that distribute products and services.
Our practice is national and international in scope and we have represented
clients in more than 100 countries. Over the past 40 years, members of the
Franchise and Distribution group have assisted in the structuring and
development of more than 1000 franchising programs. Though the majority of
these franchising programs involved franchise relationships in such familiar
consumer industries as foodservice, lodging, automotive aftermarket and
business and consumer services, we have assisted many companies develop
domestic and international franchising programs in nontraditional business
categories or with nontraditional structures.
Our Franchise and Distribution
lawyers, working with state franchise law administrators, were the principal
authors of the Uniform Franchise Offering Circular ("UFOC")
Guidelines, developed during the 1970s (and periodically updated, with our
assistance) to bring greater uniformity to the registration and disclosure of
franchise offerings. Piper Rudnick is general counsel to the International
Franchise Association and the International Franchise Association Educational
Foundation.
Compliance, Relationship and
Transactional Matters
We provide a number of franchise or
distribution-related services:
- structuring
and documenting franchise and distribution relationships;
- advising
companies with respect to structuring distribution relationships that
avoid regulation under state and federal franchise disclosure and business
opportunity laws;
- preparing
disclosure documents, state registrations of franchise offers and
counseling on compliance with all elements of disclosure regulation and
franchisee recruitment;
- counseling
on franchise and dealership terminations and transfers and compliance with
federal and state franchise and dealer relationship regulation;
- advising
clients with respect to the impact of developments in technology and
communication on their franchise and distribution relationships;
- structuring
advertising funds;
- developing
supply programs for franchisees, including establishing buying
cooperatives owned by franchisees;
- counseling
with respect to complex antitrust issues that may affect the structure of
a franchise or distribution network and a company's services and sources
of revenue;
- assisting
franchisors to develop internal dispute resolution programs;
- assisting
companies to devise and develop new distribution channels and techniques;
- developing
strategies and programs to minimize and resolve network expansion
conflicts;
- counseling
franchising companies on potential merger and acquisition opportunities.
Dispute Resolution
Lawyers in the Franchise and
Distribution group assist franchisors and other clients in dispute resolution
-- whether with franchisees, suppliers to the network, competitors or state and
federal government agencies. Ideally, we help clients avoid disputes, by
recommending business solutions to defuse problems that might otherwise explode
into costly and protracted litigation; but litigation sometimes cannot be
avoided. We represent our clients in all forums throughout the United States
and have represented franchise and other distribution companies in hundreds of
federal and state court and arbitration proceedings -- from New York to Japan -
with respect to such diverse issues as breach of contract, fraud, RICO,
trademark and copyright infringement, termination, vicarious liability, network
expansion conflict, use of alternative distribution channels, implied covenant
of good faith and fair dealing claims, transfer issues, discrimination claims,
enforcement of system standards, antitrust, franchise registration and
disclosure compliance, restrictive covenants, electronic commerce, consumer
fraud, product liability and securities fraud.
International Franchising and
Distribution
We've been part of the global market
for more than 30 years. In helping U.S. companies expand world-wide, we have
built a wideranging international franchise and distribution practice. It
includes not only U.S. clients seeking to expand abroad, but also foreign
clients seeking to expand into the United States, as well as into other
cross-border markets and, in some cases, within their own countries. We have
extensive experience in structuring, negotiating and documenting international
master franchise and area development relationships, joint ventures and other
distribution relationships in North America, Europe, the Middle East, Asia,
Australia, Africa and Latin America. We have handled transactions in every
major country in the world.
Rounding Out Our Support
While compliance with applicable
franchise and business opportunity laws is often foremost among a franchisor's
concerns, a myriad of other laws will affect the development and implementation
of franchise and distribution networks. Firm lawyers bring substantial
experience in counseling clients in important areas of the law beyond
franchising, distribution, antitrust and intellectual property that affect both
domestic and international companies: e.g., bankruptcy, commercial, contract,
corporate, employment, environmental, finance, labor, insurance, intellectual
property, information technology, electronic commerce, mergers and
acquisitions, partnership, real estate, securities, tax and others. In each of
these areas, we can draw as necessary on the experience of other practice
groups within the firm.
For more information about the firm
and our practice, visit our Web site at www.dlapiper.com/franchise