Industries: Franchise & Distribution

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McGuireWoods has a deep bench of lawyers who handle national and international franchise and distribution matters. Our clients range from start-up concepts to some of the nation’s largest franchise and distribution systems, which are active in many other countries as well. Our clients represent a broad spectrum of industries, including food service, hospitality, health and nutrition, automotive, petroleum, and real estate, among others. The Litigation and Dispute Resolution Team is made up of experienced trial lawyers who have litigated and arbitrated disputes in the areas of antitrust, trademark and trade dress infringement, misappropriation of trade secrets, advertising, and product liability, among others – some as nationwide class actions.

Our Value-Added Proposition

We recognize that clients assign varying values to the legal work performed by outside counsel, and we bring flexibility to each client relationship. We go toe-to-toe with any adversary in bet-the-company cases, and we develop innovative strategies and fee structures for smaller matters.

Clients expect us to know the law, but they also expect us to understand relationships. They frequently tell us that because we put their interests ahead of our own, we provide a level of client focus that exceeds their highest expectations. We make it a point to understand our clients’ businesses and their goals, and we do our best to help them make money, save money, and sleep better at night. Our “service mark” is unparalleled attention and effective response to our clients’ needs.

We are active participants in the International Franchise Association and the American Bar Association's Franchise Forum, and we are frequent speakers and authors on cutting-edge topics in franchise and distribution law.

Representative Services

For some of our franchise and distribution clients, we fill all needs for outside counsel services. For others, we provide specific services, including:

• Drafting disclosure documents and counseling clients regarding compliance with federal, state, and international laws and regulations.
• Structuring, negotiating, and closing sales and repurchases of franchises.
• Structuring franchise and distribution systems, including commissary, product supply, and delivery systems.
• Drafting franchise agreements and area development agreements.
• Registering trademarks, copyrights, and patents.
• Litigating the full range of franchise-related disputes in courts nationwide.
• Enforcing intellectual property rights.
• Helping franchisors and franchisees resolve disputes and restructure their relationships to accommodate changed circumstances.
• Counseling clients on antitrust issues that can affect the chain’s services, supplies, and sources of revenue.
• Advising on compliance with business opportunity statutes and other consumer protection laws and regulations.
• Terminating franchise relationships and handling any resulting claims or litigation.
• Structuring contests, sweepstakes, and customer loyalty programs so that they comply with all applicable laws and regulations.
• Developing privacy policies and terms of use.
• Advising clients on the full range of social media issues.
• Conducting business succession planning and helping franchised businesses create liquidity.
• Evaluating alternative distribution methods and structuring relationships to avoid the application of franchise laws.
• Handling mergers and acquisitions and the due diligence associated with them.