Franchise Law – What We Do

Areas of Practice

Franchise Regulation and Relationships

Before a franchisor is legally permitted to sell a franchise in the U. S., the franchisor must comply with the disclosure requirements of the Federal Trade Commission as well as the registration, disclosure and/or exemption laws of a number of states, including the state the franchisor is selling from and the state the franchisor is selling into.  We register, renew, amend and exempt Franchise Disclosure Documents in every state. The firm’s practice includes every step of the franchise process – regulation, the development and creation of infrastructure for franchising companies, counseling on franchisor and franchisee relations, resolution of enforcement matters initiated by state regulators and the pre-litigation resolution of franchisor/franchisee disputes.

Franchise Due Diligence for Buyers and Sellers of Franchise Companies

The Kurtz Law Group conducts franchise due diligence for buyers of franchise companies and assists sellers of franchise companies in the sale and transition of their franchise businesses.

Commercial Transactions

The Kurtz Law Group has extensive experience in commercial transactions. We represent privately and publicly held companies engaged in a variety of businesses as sellers and buyers in asset and stock sales as well as franchisees, independent restaurant operators and other commercial tenants in their commercial real estate leasing matters.

Franchise Purchasers

Our extensive experience in registration and disclosure matters for franchisors makes us uniquely qualified to counsel buyers of franchises on their chosen franchisors’ opportunities and agreements.

Expert Witness

Barry Kurtz provides expert witness testimony on franchise law in civil litigation matters. When much is at risk, it is important to have a credible and informed analysis from an advocate with deep experience in franchise law. As a certified specialist in franchise law, Barry provides clear and informed expert testimony for franchisors and franchisees.

Beer Distribution Law

The beer distribution industry is one of the most highly regulated industries in the United States and the differences among state statutes, regulations, licenses, taxes and control processes result in a legal minefield that can be difficult to navigate for brewers, distributors, retailers and the attorneys who advise them. From the creation of distribution agreements, to monitoring regulatory compliance, to providing ongoing business counseling, the Kurtz Law Group’s clients benefit from the firm’s extensive knowledge of franchise, distribution and transactional law and other franchise and distribution related matters.  For more information about our beer distribution practice, click here.

What does a law firm specializing in franchise law actually do?

  • Preparation, registration, renewal, amendment and exemption of Franchise Disclosure Documents (FDD).
  • Structuring of franchisors, franchisees, management teams and affiliated companies.
  • Transfers on behalf of franchisors of franchisee-to-franchisee units.
  • Franchisee work-out arrangements and pre-litigation default and termination matters.
  • Renewals of Franchise Agreements for franchisors and franchisee
  • Default, termination and work-out matters for franchisors.
  • Preparation of distribution agreements for manufacturers and distributors of beer and other products.
  • Assist franchise candidates in their decision-making process for the purchase of various franchisors’ franchises.
  • Asset sales of company-owned units to franchisees.
  • Representation of franchisee/sellers of franchised units to successor franchisees.
  • Franchise due diligence for the sellers and buyers in franchise or acquisitions
  • Short and long term development agreements for franchisors and franchisees
  • Counseling and preparation of disclosure documents, development and franchise agreements for international franchising.
  • Development and implementation of regional, national and international franchise expansion programs.
  • Expert witness testimony in franchisor/franchisee litigation and arbitration proceedings

Additionally:

  • Representation of buyers and sellers in Asset and stock acquisitions of franchised and independent businesses .
  • Real estate lease transactions for franchisees, independent restaurant operators and other commercial tenants
  • Trademark licensing and Intellectual property licensing