Franchise & Distribution Team
Troutman Sanders is experienced in representing regional, national, and international franchisors, distributors and multi-unit franchisees. Our franchise and distribution clients cover a variety of industries and range from start-up companies to large, established franchisors. Our firm’s broad experience in many legal disciplines allows us to provide advice and counsel covering the full range of legal needs for our clients in the franchise and distribution industries, including:
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developing and modifying a franchise or distribution system;
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drafting and modifying franchise agreements, multi-unit and area development agreements, and distribution agreements;
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drafting Uniform Franchise Disclosure Documents, and advising on other federal and state franchise regulatory and compliance issues;
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registration of trademarks and protection and licensing of intellectual property;
- antitrust compliance and advice;
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counseling on termination of franchisees and distributors;
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advising on and negotiating agreements for international franchising;
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other business matters, including site acquisition, labor and employment issues, and structuring and documenting business transactions;
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litigating and resolving disputes involving franchise and distribution rights and other claims.
Our team’s litigation experience includes litigating franchisor claims to recover franchise fees and liquidated damages, enforce franchise terminations and enjoin trademark and trade dress infringement by holdover franchisees, and enforce restrictive covenants, trade secret rights, system standards, and other franchise agreement obligations. It also includes defending against franchisee claims, including those alleging wrongful termination, breach of franchise agreement obligations, fraud, franchise disclosure violations, and unfair and deceptive trade practices; and against vicarious liability claims alleged by franchisee employees or third parties against the franchisee and franchisor. We are experienced in resolving disputes through arbitration and mediation.
Troutman Sanders is a member of the International Franchise Association and the Southeast Franchise Forum, and our attorneys are members of the American Bar Association Forum on Franchising.