Franchising involves granting a franchisee the right to distribute your established business model’s products, trademarks, and techniques. In exchange, the franchisee pays the franchise or a percentage of gross monthly sales and a royalty fee. The franchise process can be beneficial for business owners who would like to expand their business and for franchisees who benefit from the established business practices of the franchisor. At Woods Lonergan, our experienced New York City franchise law attorneys represent clients in a wide range of franchise matters throughout the New York metropolitan area.
Discuss Your Case With an NYC Franchise Law Attorney
Whether you’re beginning the process of buying a new business and are interested in a franchise, or you’d like to expand your already existing business, our law firm is here to help. Our skilled franchise attorneys can create franchise offerings and obtain all necessary regulatory approval. Contact us today to schedule an initial consultation and learn more about our firm.
Can Your Business Be Franchised?
If you’re considering franchising your business, the first step is to determine whether your business can be franchised. Do you have a proven business concept? You will need to show that your business concept successfully appeals to potential franchisees. You will also need to have a strong and recognizable brand. In addition to knowing how to operate your business, much of the perceived value of your franchise will be the strength of your brand. Our attorneys can help you register a trademark or other intellectual property that can help you strengthen your brand.
Do you also know you will need to teach other people how to operate your business in a streamlined and efficient way? Your business concept should be different from other businesses in the marketplace, and you should have a strong management team in place. When you work with Woods Lonergan, you can rest assured that we will help you evaluate your business and address any potential issues before embarking on the franchise process
Franchising Your Business
If you’ve already started a business, have a strong brand, and are ready to expand your business into a franchise to improve your profitability, you need an experienced attorney on your side. Franchising your business can be one of the best ways to maximize your return on investment and expand your business. In many cases, the first step in developing a franchise is registering a trademark. You will need to go through the franchise process according to the state of New York and federal laws.
Franchise law can be complicated as it involves multiple New York and federal regulations. The attorneys at Woods Lonergan can help you with the legal and compliance issues involved in franchising. When we represent franchisor clients, we provide the full range of legal services, including the following:
- Prepare and register your franchise
- Franchise disclosure documents (FDD)
- Prepare a detailed memo analyzing your current disclosure document and agreements
- Propose any modifications
- Provide counsel on all issues related to franchise law
- Help you create a an in-house compliance department
- Negotiate the franchise sale and successfully close the sale
- Help you protect your trademark and intellectual property
- Provide legal counsel on all real estate matters related to your franchise
- Provide dispute avoidance and resolution counsel
- Minimize your illegal risk exposure in connection was a franchise system
Franchise Law Services for Franchisees
Purchasing a franchise can be an effective way to own and run a business. Franchisees benefit from the branding, established business practices, and experience of the franchisor. Franchises are legally required to provide potential franchisees with all the pertinent information about the business in the disclosure document.
We will ensure that you receive all of the information you need regarding the identity of the franchisor, its key principles, and all of the fees you must pay so you can make an informed decision. From evaluating potential franchise options to purchasing or leasing real estate, we will represent your best interests throughout the entire process. The attorneys at Woods Lonergan provide the following legal services to franchisees:
- Legal counsel related to the purchase of the franchise, including proper due diligence
- Business formation, including structuring the franchise entity
- Review and analysis of the franchise disclosure documents in franchise agreements
- Assistance in creating and advising franchisee associations
- Negotiation with franchisors for the initial purchase
- Negotiation with franchisors for renewals of existing franchise agreements
- Assistance with real estate agreements
Purchasing a franchise often includes real estate contracts and leases. We help franchisees review and negotiate leases and purchase agreements. Our attorneys also help franchisees ensure that their franchise meets all building and environmental codes. We also provide franchisees with assistance drafting and negotiating third-party agreements, including supplier, employment, confidentiality, non-compete, and independent contractor agreements.
Franchise Litigation
Even when using excellent legal documentation contracts, franchise litigation may become necessary. The relationship between a franchisor and a franchisee is complex. Disputes involving franchises include many areas of law, such as fraud claims, intellectual property claims, and breach of contract claims. When you work with Woods Lonergan, we will assess all of the potential risks of franchise litigation to help you avoid it.
When litigation may become necessary, we will advise you of the benefits and costs of litigation versus other methods like alternative dispute resolution. For many of our clients, litigation is a last resort, and our goal is to help you resolve the franchise dispute in the most efficient and cost-effective way possible while protecting your interests. When necessary, our trial-ready attorneys are prepared to take franchise cases to court.
Contact a Franchise Law Attorney in New York City
At Woods Lonergan, we offer franchisors and franchisees guidance on a full range of legal issues related to franchise law. We have provided legal services to New York City businesses ranging from start-ups to established foreign franchisors. Whether you are a business owner who wants to expand your business into a franchise, or a potential franchisee, our law firm is here to help. Contact Woods Lonergan today to schedule your free initial consultation.
Woods Lonergan PLLC helps clients with business and corporate law throughout NYC including the boroughs of Manhattan and Brooklyn.