Services for Franchisors

Einbinder & Dunn, LLP works closely with franchisors in the development, establishment and structuring of franchise businesses. The firm prepares the necessary documents for the sale of franchises, including Franchise Disclosure Documents, franchise agreements and related documents. The firm also manages all regulatory matters relating to the sale of franchises including the filing and registration of all required documents with state authorities. The firm advises franchisor clients on compliance with all elements of disclosure regulation and franchise sales.

Additionally, the firm assists franchisor clients in structuring their business to enhance their franchise and distribution relationships. The firm also administers the filing and registration of trademarks, and counsels clients in trademark licensing.

The firm also represents franchisors in litigation and dispute resolution matters including trademark, licensing and contract issues.

Services for Franchisees

Einbinder & Dunn, LLP represents franchisee clients in all matters relating to business transactions involving the development, acquisition and sale of franchises from franchisors as well as from existing franchisees including the review and negotiation of franchise agreements, lease negotiation and negotiation of territorial development agreements. The firm also advises clients in the negotiation of renewals of existing franchise agreements. In addition, the firm counsels franchisee clients in the structuring of their businesses.

The firm represents franchisee clients nationwide in state and federal courts and in arbitration and/or mediation. The firm has represented franchisees in matters such as fraud claims concerning earnings misrepresentations, claims relating to franchisor misappropriation of advertising and rebate funds and claims based on the breaches of franchise agreements (e.g., encroachment disputes, termination issues and franchisor's approval of sales of franchised businesses). Einbinder & Dunn, LLP also represents franchisee clients in disputes relating to non-compete agreements and other post-termination matters.

In addition, the firm represents franchisees in the formation of franchisee associations and has represented associations in system-wide negotiations and dispute resolution with franchisors.