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 FRANCHISE AND DISTRIBUTION
Chaired by a nationally recognized franchise lawyer, representing national and international leaders in franchise and distribution law, including multi and single unit franchisees, area developers, master franchisees, independent franchisee associations, franchisors and businesses looking to expand through franchise and distribution formats.
Franchisors and franchisees represented by the firm range in size and sophistication from some of the largest best know systems to new and growing start-up systems. We represent franchisees and dealers in negotiating franchise agreements in their new or continuing relationships (renewals) with their franchisors, distributors and manufacturers, and in the myriad of legal issues that affect any franchise business. The franchisees we represent range in size from companies and individuals who are franchisees of multiple franchise concepts and units to franchisees of single stores and businesses. In addition, the firm represents associations of franchisees and dealers. We assist our franchise clients with all aspects of their business and franchise needs.
Representation related to our client’s franchising businesses includes establishing and modifying franchise systems, advising, preparing , revising and negotiating franchise agreements and offering circulars, obtaining franchise registration in the various states, counseling and obtaining trademark, servicemark and copyright protections, computer and software licensing agreements, review and resolution of franchise documents for prospective and established franchisors, establishing and counseling franchisee advisory councils, and providing them with general business, franchise, and dispute resolution representation.
As part of our franchising practice, we routinely handle franchise-related dispute resolution matters throughout the country on behalf of both franchisees and franchisors, including court room litigation, arbitration and mediation. In addition, Harris Chernow serves as an arbitrator and mediator for franchise disputes; providing our balanced perspective in resolving disputes.
The diversity and breadth of our franchise and business practices gives us a perspective and understanding of both the legal and business aspects of franchising; thus enabling us to provide quality, practical and cost-effective service to all of our franchise clients.
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Franchise and Distribution Services
 Review and advise concerning Uniform Franchise Offering Circulars (UFOCs);
Review, advise and negotiate franchise and licensing agreements;
Review, advise and negotiate related franchise and license agreements and documents;
Structuring and documenting franchise and distribution programs;
Advising, preparing filing and obtaining trademarks, servicemarks and copyrights;
Preparing software and computer licensing agrements
Advising companies on structuring distribution relationships;
Preparing disclosure and compliance documents;
Franchise and dealership terminations and transfers;
Franchise litigation, arbitration and mediation;
Expansion through master franchising, area development relationships, joint ventures and other structures;
Advising and creating area development and master franchises;
Restructure and modify relationships with existing franchisees, distributors and dealers;
Devise and develop new distribution channels and techniques;
Establish licensing programs;
Assess potential merger and acquisition opportunities.
Advise and negotiation of real estate and lease documentation and structuring.
Dispute Resolution
We represent franchise clients in dispute resolution – whether with franchisees and franchisors, suppliers to the network, other franchisors and distributors, 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 litigation in federal and state courts throughout the United States, in arbitration, in mediation proceedings and in other alternative dispute resolution forums. We have represented franchise clients with respect to such diverse issues as breach of contract, fraud, trademark infringement, termination, network expansion conflict/encroachment, use of alternative distribution channels, implied covenant of good faith and fair dealing claims, transfer issues, enforcement of system standards, franchise registration and disclosure compliant, restrictive covenants, among others.
Trade Associations and Professional Relationships
The firm is committed to a strong and supported role in the franchise and distribution community. We are involved with the American Bar Association Forum on Franchising, where Harris Chernow is a member of the Governing Committee as Chair of the Litigation and Alternative Dispute Resolution Committee, has served as a member of the Publications Committee and the Nominating Committee for the Governing Committee, the American Association of Franchises and Dealers (Harris Chernow has/and is its chair and co-chair of its annual legal symposia), the International Franchise Association (Harris Chernow has been an invited speaker), Latin American Franchise Committee (Harris Chernow served as a past co-chair), Montgomery County Franchise Law Committee (Harris Chernow has served as a former chair and vice-chair and is a speaker), New Jersey Franchise Law Committee, Franchise Lawyers Association and other franchise related organizations.
We lecture frequently at legal and business conferences of the International Franchise Association, the American Bar Association Forum on Franchising, state and county bar associations and other professional and business organizations.
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