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 Whos Who of Franchise Lawyers. Fifteen of the groups 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