Franchise Law

Over the last 125 years, franchising has evolved from rudimentary licensing agreements between individuals to intricate relationships between multi-national corporations and entrepreneurial business owners. With this exponential growth from concept to cornerstone of the United States economy, the fundamentals of franchising and its numerous interrelated issues have, and continue, to dramatically change.
 
As a full-service law firm that has similarly evolved since franchising’s infancy, Best Best & Krieger LLP attorneys provide comprehensive advice to franchisors and franchisees on every aspect of their businesses. From inception to succession, our attorneys leverage decades of experience to help our clients grow and protect their businesses.
 
Transactions
During its lifecycle, a franchise may enter into thousands of transactions. With many of these transactions integral to a franchise’s success, navigating them on your own can be daunting. At BB&K , we offer the wide-range of experience and know-how necessary to guide clients through these transactions and ensure that their franchises continue to grow and thrive. Among the transactions that our attorneys regularly prepare, structure, close and enforce are:

  • Incorporation
  • Raising capital and financing
  • Real estate leases and purchases
  • Construction contracts
  • Environmental contamination and land use
  • Equipment leases
  • Disclosure and registration
  • Franchise agreements
  • Business operations, maintenance and management agreements
  • Intellectual property registration and protection
  • Licensing and distribution
  • Supplier and vendor contracts
  • E-commerce
  • Joint ventures and strategic alliances
  • Mergers and acquisitions
  • Sales, terminations and renewals
 

Labor and Employment
 Owning a franchise is a full-time job that requires unrelenting attention on the success of the business. Franchise owners simply cannot afford to worry about whether they are in compliance with federal and state laws that are constantly changing or be bothered by workplace disruptions. BB&K’s Labor & Employment practice group provides comprehensive guidance to franchise owners to help them minimize the risk of employment issues so they may stay focused on what is important. Our attorneys regularly advise and represent clients regarding:

  • Compliance with state and federal regulations
  • Employee policies and agreements
  • Employee hiring and discipline
  • Employee benefits and executive compensation
  • In-house training
  • Investigations
  • Union contracts and collective bargaining issues
  • Discrimination and harassment
 

Wealth Management and Asset Protection
Franchises are investments that, if done right, can provide a source of income for generations. BB&K’s Trusts & Estates attorneys work closely with clients, their accountants and financial advisors to create personalized and all-inclusive wealth management plans to help clients meet their short-term, long-term and generational goals. To this end, we regularly advise on and assist with:

  • Asset protection and distribution
  • Business succession planning
  • Estate planning
  • Marital agreements and community property rights
  • Revocable and irrevocable trusts
  • Tax transactions and consulting
  • Charitable giving
 

Litigation
When necessary, our attorneys have successfully handled complex business, labor and employment, and compliance disputes in forums ranging from the negotiating table to court rooms throughout the country. Regardless of whether the dispute involves a single defendant or a class action, or against some of the largest law firms in the world or the United States government, our attorneys provide zealous, results-oriented advocacy that always keeps our client’s bottom line in mind. We regularly litigate and resolve disputes related to:

  • Real estate purchases and leases
  • Construction issues
  • Partnerships
  • Probate and trusts
  • Employee discipline
  • Worker’s compensation
  • Wage and hour laws
  • Americans with Disabilities Act
  • Family and Medical Leave Act
  • Fair Labor Standards Act
  • National Labor Relations Act
  • Title VII
  • Title IX
  • Worker Adjustment and Retraining Notification Act
Areas of Focus: Business | Business Litigation | Franchise Law | Labor & Employment | Labor & Employment Litigation | Public Agency Litigation
2019 Annual Labor & Employment Update
BB&K Webinar Dec 10, 2019

2019 Annual Labor & Employment Update

BB&K Free Webinar

Legal Analysis: How Businesses and Public Agencies Can Adhere to AB 5
Legal Alerts Nov 12, 2019

Legal Analysis: How Businesses and Public Agencies Can Adhere to AB 5

New California Law Creates Legal Test for Determining Who is an “Employee”

“Super-Sized” Win Delivered to California Franchisors
Legal Alerts Oct 22, 2019

“Super-Sized” Win Delivered to California Franchisors

Ninth Circuit Clarifies Joint Employer Classification

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers?
Legal Alerts Jan 16, 2019

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers?

Browning-Ferris Industries v. NLRB

DOL Exempts Franchise Business Owners from Joint-Employer Liability
Legal Alerts Jul 10, 2018

DOL Exempts Franchise Business Owners from Joint-Employer Liability

New Rule a Welcome Change to Franchise Owners and Small Businesses

Best in Law: Is it Time to Franchise Your Business?
Authored Articles & Publications Jun 18, 2018

Best in Law: Is it Time to Franchise Your Business?

BB&K Franchise Law Attorney Thomas O’Connell Writes About Factors to Consider Before Growing

Will DirecTV Joint Employer Case Be Aired at Supreme Court?
BB&K In the News Jul 26, 2017

Will DirecTV Joint Employer Case Be Aired at Supreme Court?

There’s a Split in the Circuit Courts, BB&K Attorney Thomas O’Connell Told Bloomberg BNA

Joint Amicus Brief Filed to Protect Franchise Business Model
BB&K In the News Jul 11, 2017

Joint Amicus Brief Filed to Protect Franchise Business Model

BB&K’s Thomas O’Connell Counsel of Record

McDonald’s Corp. Dismissed from Suit Over Wage Violations at Franchises
Legal Alerts Apr 10, 2017

McDonald’s Corp. Dismissed from Suit Over Wage Violations at Franchises

Ostensible Agency Theory Rejected by Court

BB&K Partner Roger Crawford Argues in Hearing Over McDonald’s Joint-Employer Status with Franchises
BB&K In the News Mar 11, 2016

BB&K Partner Roger Crawford Argues in Hearing Over McDonald’s Joint-Employer Status with Franchises

Representing Franchise, Crawford Disputes NLRB Claims that the Fast Food Chain is a Joint Employer