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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
Nixon
Peabody
Nixon Peabody's Franchise and Distribution Team provides specialized franchise representation in all aspects of franchise and distribution arrangements and transactions: franchise system expansion in the United States and internationally; franchise counseling; franchise dispute resolution; and intellectual property matters. Nixon Peabody is a full service law firm with over 600 attorneys located in 16 offices throughout the United States.
Attorneys
Jay H. Begler, Counsel, Technology & Intellectual Property, Beverage Alcohol, Franchise & DistributionSan Francisco 415- 984-8287
Rene F. Bergmann, Associate, Franchise & Distribution, Business LitigationPhiladelphia 215-246-3524
Robert B. Calihan, Partner, Deputy Practice Group Leader, Business Litigation, Technology & Intellectual Property, Franchise & DistributionRochester 585-263-1475
Emily S. Chang, Associate, Technology & Intellectual Property, Business, Franchise & DistributionSan Francisco 415-984-8285
Peter H. Durant, Partner, Franchise & Distribution, Government Contracts, Technology & Intellectual Property, Israeli Business Rochester 585-263-1227
Amy R. George, Associate, Business Litigation, Franchise & Distribution, Government Investigations & White Collar DefenseBoston 617-345-1143
Shannon Haaf, Associate, Business, Franchise & Distribution, Technology & Intellectual PropertyWashington 202-585-8356
Jamie N. Hage, Partner, Franchise & Distribution, Technology & Intellectual PropertyManchester 603-628-4074
Andrew P. Loewinger, Partner, Business Franchise & Distribution, Technology & Intellectual PropertyWashington 202-585-8855
Carolyn G. Nussbaum, Partner, Business Litigation, Corporate Governance, Financial Services & Securities Litigation, Franchise & Distribution SecuritiesRochester 585-263-1558
Arthur L. Pressman, Partner, Franchise & Distribution, Technology & Intellectual PropertyBoston 617-345-1158
Roger M. Quinland, Counsel, Business, Franchise & Distribution New York 212-940-3067
Gregg A. Rubenstein, Associate, Business Litigation, Franchise & DistributionBoston 617-345-6184
Frank W. Ryan, Partner, Franchise & Distribution, Technology & Intellectual PropertyNew York 212-940-3129
Craig R. Tractenberg, Partner, Bankruptcy, Beverage Alcohol, Franchise & Distribution, Technology & Intellectual Property, Israeli BusinessPhiladelphia 215-246-3525
Kendal H. Tyre, Partner, Business, Franchise & Distribution, Mergers & AcquisitionsWashington 202-585-8368
Raymond Van Dyke, Partner, Technology & Intellectual Property, Technology & Intellectual Property Litigation, Franchise & Distribution InternationalWashington 202-585-8250
Christopher J. Wallace, Associate, Franchise & Distribution, Business LitigationWashington 202-585-8166
Glenn E. Westreich, Partner, Business Litigation, Franchise & Distribution, Technology & Intellectual Property, Israeli Business San Francisco 415-984-8331
Andrew P. Zappia, Partner, Franchise & Distribution, Business LitigationRochester 585-263-1214