Franchisee Law

U.S. Franchisee Law Attorney

As a lawyer for franchisees, I help entrepreneurs and business owners during the formative stages of buying a franchise. I also represent franchisees in disputes that must be resolved through arbitration. I can also litigate disputes for franchisees, or resolve disputes through mediation, or informal settlement negotiations.

For knowledgeable representation and guidance with a variety of franchise issues in a broad range of industries, contact me, Mario L. Herman. I have more than 33 years of experience handling franchise issues for clients domestically and internationally.

Are You Buying a Franchise? Lawyer Mario L. Herman Can Help.

As an experienced  franchisee law lawyer, I provide legal counsel and representation in a broad range of areas, including:

• Buying a franchise : I review a variety of factors with prospective franchisees to determine if the opportunity is advisable for them. I can also help you choose the right franchise for the prospect and with due diligence.
• Arbitration : Arbitration is the preferred form of dispute resolution in franchisee law and is often contractually required to resolve franchise disputes. I represent franchisees in arbitration involving a wide range of franchise issues such as non-compete agreements, future royalties and breaches of contract.
• Selling a franchise : I represent franchisees who wish to sell their business or “get out” of a franchise agreement.

Representing Clients in All Franchise Industries

My clients are current or future franchise owners in many different types of industries, including:

• The hotel industry : I help entrepreneurs interested in the booming hotel industry, and I address specific concerns such as liquidated damage provisions and encroachment.
• Restaurant franchises : My work with franchisees in the restaurant industry spans casual dining, fast-food establishments and even ice cream parlors.
• Printing franchises : Demand for printing and copying centers has been steadily increasing. More businesses have started outsourcing printing tasks, and self-employed individuals need printing services. I can help you with your printing franchise.
• Postal communication center franchises : Postal communication centers are often a hub of activity with many opportunities for franchise expansion.
• Health care and wellness industry franchises : The health, beauty and wellness industry caters to people who are interested in looking good — inside and out. I help clients obtain, operate and sell franchises in the health care and wellness industry.
• Fitness franchises : Fitness franchises, especially those that are designed for women, are experiencing growth. I can help you decide if a fitness franchise is a good fit for you.
• Domestic services : Domestic services such as housecleaning and dry cleaning provide convenience for people who are often pressed for time. As an entrepreneur, the opportunities for growth in this industry are expanding.
• Pharmaceutical franchises : I help clients explore the opportunities of owning and operating a pharmaceutical franchise, an area positioned for financial growth.
• Real estate franchises : The real estate industry is growing once again. I can help you examine current market conditions to determine whether buying or selling a real estate franchise is a viable option.
• Entertainment franchises : My work in this potentially lucrative industry includes movie, book, theatre and other entertainment franchises.

Helping Navigate the Legal Maze of International Franchises

The U.S. Federal Trade Commission’s Trade Regulation Rule 436 on Franchising defines “commerce” broadly and can assist courts in resolving disputes between international franchisors and franchisees. Such disputes may involve deceptive misrepresentations of a franchise by a franchisor, a franchisor not divulging that they’ve declared bankruptcy in the past, or a franchisor not naming others who are involved in the franchise.

It is important for prospective franchisees to be aware of and understand such laws which include U.S. federal and state statutes and regulations, laws of the foreign nations where the franchise will be located, and even any bilateral or multilateral treaties which may apply.

There are many rules and regulations concerning U.S. franchise law, some requiring franchisors to provide a prospective franchisee pre-sale disclosure. In addition, international franchising is affected by a wide range of laws, including those which relate to trademark, antitrust, contract, tax, and technology transfer issues, currency control, foreign investment, import and export restrictions, and dispute resolution.

Contact Mario L. Herman

Interested in learning more about franchising? Contact me online to arrange a consultation to discuss your franchise options and legal needs.