Our Franchise attorneys know franchise laws and how to utilize those laws to assist our clients in creating a method to best distribute their products or services and achieve their business goals. Jimerson Birr provides franchisors and franchisees with legal counsel to address the full spectrum of franchise-related issues, including:

Purchase and Sell/Operational issues

  • Full service franchise contracting – unit agreements, area development agreements, master license agreements, special stipulations, ancillary support forms, lender estoppel and attornment agreements
  • Franchise disclosure and registration documentation
  • Franchise offering circulars and recruitment advertising
  • Corporate structure
  • Land acquisition and dispositions
  • Commercial real estate leasing
  • Acquiring and terminating franchise systems
  • Developing, operating and expanding franchise systems
  • International franchise operation, acquisition and governance
  • Franchise licensure, regulatory compliance and field specific legal obligations

Labor and Employment Law

  • Drafting employment policies and employee handbooks, assisting in labor negotiations and defending employment claims and disputes
  • Franchise training consultation
  • All levels of labor and employment issues in the franchise system

Franchise Litigation

  • Franchise agreement consultation and interpretation
  • Regulatory defense
  • Franchisee quality control, intellectual property misuse, compelling reporting, non-competition
  • Royalty fee payment collection
  • Full agreement enforcement and franchise termination
  • Premises liability, tort claims, vicarious liability defense
  • Franchisee claims – encroachment, misleading costs, failure to train or support, non-renewal, agreement breach, assignment/transfer

Intellectual Property Preservation

  • Obtaining federal and state registration for trademarks, service marks, trade secrets and copyrights
  • Cease and desist demands
  • Misappropriation of Intellectual Property Rights

At Jimerson Birr, we represent franchisors and franchisees in a wide range of franchise law matters. Whether you are a franchisor seeking to do business in Florida or nationwide, or an individual seeking a franchise business opportunity, our business lawyers will handle your legal matter in accordance with the firm standards of service and commitment to excellence.