Franchising

Jackson Walker adds value to intellectual property

Jackson Walker attorneys also have particular experience in the area of franchising, and we have counseled and represented many companies in employing this method of expansion, both domestically and internationally. (Click here for "Unintentional Franchising"). Franchising is a method of distribution that combines the advantages of a branded, centralized, specialized system with the capital and micro-management of local independent business persons to produce a market competitor with critical mass. It can leverage a business's success far beyond its own capital and management resources.

Franchising's inherent geographic expansiveness and long-term business relationships cause it to be affected by an array of dynamic federal, state, and local laws, such as Federal Franchise Regulation promulgated through the FTC, the Uniform Franchise Offering Circular (UFOC) adopted by various states, and various "business opportunity acts" and "relationship laws," including the Texas Business Opportunity Act (BOA). While these various laws and regulations can be ambiguous and confusing and can create risks such as inadvertent franchising, Jackson Walker attorneys have the knowledge and expertise to guide our clients to minimize these risks.

The firm regularly represents both franchises and franchisees. These activities include counseling franchisors regarding disclosure requirements, creating disclosure documents, obtaining registrations in states which require them and assisting in the negotiations with prospective franchisees. The firm also represents its clients in franchise litigation and disputes.

The following are representative lines of commerce for which we have provided franchise counseling:
• Clothing
• Clothing stores
• Food products
• Housewares
• Medical equipment
• Oil field equipment
• Optical services
• Restaurants
• Salon services
• Software
• Sporting goods