Franchise & Distribution
Troutman Sanders has extensive experience in representing regional, national, and international franchisors and distributors. Our franchise and distribution law clients range from start-up companies to large, established franchisors. Our firm’s broad experience in many legal disciplines allows us to provide comprehensive advice and counsel covering the full range of a franchisor’s (or distributor’s) legal needs, including:
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developing and modifying a franchise system;
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drafting franchise agreements, multi-unit and area development agreements, and distribution agreements;
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drafting Uniform Franchise Disclosure Documents, and advising on other franchise regulatory and compliance issues (including state law compliance and registration issues);
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registration of trademarks and protection of intellectual property;
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advising on and negotiating agreements for international franchising;
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antitrust compliance and advice;
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counseling on termination of franchisees and distributors;
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other business matters, including site acquisition, labor and employment issues, and purchase and sale of franchise business and assets; and
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litigating and resolving disputes involving franchise and distribution rights and related 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 claims 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.
The Franchise and Distribution Law Practice Team also represents franchisees and franchise area developers.
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.