Many hard-working men and women dream of owning their own business and believe that purchasing an established or new franchise is their ticket. At times, the franchisees fail to read or understand the fine print in the contracts drafted by the franchisers for their benefit and protection. Though federal and state laws give franchisees certain rights and may require particular disclosures, often a prospective franchisee may not fully appreciate their significance. A prospective franchisee should consult with an attorney, thoroughly review the contract and obligations, pore over the disclosures, and understand the commitments that he or she is undertaking. Prospective franchisees often give up important rights and remedies when they sign on the dotted line. Therefore, before investing all your assets with a franchiser, talk to a lawyer. This conversation may be one of the most important ones of your life. Don’t accept the promises at face value, and understand that franchisers prepare contracts for you to sign for their benefit and protection, not yours.
If you have already purchased a franchisee and promises of returns and profits have not materialized, talk to a lawyer.
In our business department, we have attorneys who have been corporate vice-presidents, general counsels, and business managers. We pride ourselves in learning and understanding our corporate client’s business, their balance sheets, and objectives.
We design a legal plan of representation which contributes effectively to their bottom line profit. We carefully partner with our clients in order to draft contracts in the health and business sectors so that they truly represent their intent and avoid misunderstandings with their clients and vendors.
Our clients range from small companies who wish to establish an LLC to a large corporation who needs our firm to recover lost assets or design an effective litigation management program.
- Administrative & Regulatory Law
- Antitrust & Trade Regulation
- Business Transactions
- Commercial Litigation
- Errors and Omissions/Professional Liability
- General Counsel
- State and Local Government
- Property Management & Homeowners Associations
Antitrust and trade regulation laws are often extremely difficult to bring or defend, but carry sharp teeth. For instance, a business may be asked by a competitor to raise, lower, or stabilize prices for goods or services, or to serve or do business only with some customers but not others. A simple, verbal shake of the head can lead to criminal prosecutions and convictions or civil investigations and treble (triple) damages. Although the federal government has cut back the reach of federal antitrust laws, federal officials continue to charge business for price fixing, bid rigging, and dividing markets or customers. What’s more, practices allowed by federal law may be illegal in some states. This patchwork of conflicting federal and state laws may make it difficult for businesses to comply with their requirements. The laws are complicated, and ambiguous conduct may result in serious repercussions. Seemingly innocuous comments or a reply to an email can create significant liabilities.
Since the stakes are so high, seeking counsel from attorneys experienced in these matters is imperative.