Who We Are
Kaufman & Canoles’ Franchise Practice lawyers help franchisors and franchisees start, expand, and run their businesses. Well-versed in federal and state franchise laws – one of our attorneys has been granted the prestigious Certified Franchise Executive (CFE) designation from the International Franchise Association – we guide large and small franchisors, as well as multi-unit and single-unit franchisees, to success across the United States and internationally.
How We Help
Clients come to us for a broad range of assistance. We help entrepreneurs and business owners navigate the franchise registration process and guide them through the purchase and sale of franchises. We draft and negotiate franchise disclosure documents (FDD), franchise and related agreements, and other documents for both franchisors and franchisees. We counsel owners on day-to-day operations, issues, problem resolution, and maintaining the smooth operation of their systems. And we resolve various franchise disputes, especially when there is a breach of the franchise agreement.
Franchisors and franchisees alike appreciate our comprehensive advice and deep understanding of their needs and the challenges they face. They count on us to guide them throughout the life of their business, drawing on our lawyers for assistance with:
Franchise Consulting and Problem Solving
- Advice and counseling on the operation of a franchise business, including development and enforcement of system standards and franchise compliance training and counseling
Franchise Documentation
- Preparing, registering, and renewing Franchise Disclosure Documents (FDDs), franchise and development agreements
- Reviewing and negotiating FDDs, franchise, and development agreements
- Reviewing and negotiating personal guarantees
Referrals to other Professionals Knowledgeable about Franchising (e.g. CPAs)
Recommending formation of the best form of Business Entity and Business Licensure
- Business entity selection, limited liability companies, corporations, partnerships, joint ventures
- Assisting with Alcoholic Beverage Control licenses
Litigation and Dispute Resolution
- Advice and assistance in termination of franchise relationships
- Litigation over failed franchise relationships
Protecting Intellectual Property
- Copyrights
- Trade secrets
- Enforcement of covenants not to compete
Who We Represent
Our lawyers work with large and small franchisors and multi-unit and single-unit franchisees in a wide variety of industries.
Representative Matters
Provide general franchise advice and consultation to franchisors
Represent franchisors as general counsel in drafting franchise disclosure documents, franchise and related agreements, franchise registration issues, and on trademark matters
Represent both franchisors and franchisees in cases involving breach of franchise agreement
Regularly represent franchisees in purchasing and selling single unit and multiple unit franchises
Regularly represent franchisees (area developers and single unit) in evaluating franchise offerings and related work (setting up a legal entity, negotiation of leases) for start-up franchisees
Attorneys
Press & Publications
News
Events
Important Organizations and Websites
International Franchise Association – Principal trade association representing the franchise industry
Federal Trade Commission Guide to Buying a Franchise
New York Attorney General report on Buying a Franchise
State Regulators - Virginia Franchise FAQs
For due diligence investigations of franchisors - Unhappy Franchisee
For free business advice for new franchisees/small business owners – Hampton Roads Small Business Development Center
The Franchise Registry – Small Business Administration Franchise Finance Website