Franchise & Distribution

Practice Areas
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Strasburger's franchise and distribution team focuses on the representation of businesses using franchising, licensing, dealership, or direct selling arrangements for the distribution of goods and services, both domestically and internationally. Over the years, the firm has earned a national reputation for quality representation of franchisors, licensors, motor vehicle manufacturers, direct sellers, and product distributors from start-ups to multinational corporations.

Our attorneys have a broad range of experience in matters affecting franchises, direct sellers and other distribution systems, including: development of systems, regulatory compliance, contracts, intellectual property, dispute resolution, antitrust, international and administrative matters. We have represented businesses in a wide variety of industries, including: restaurant, automotive, health and beauty, building products and services, clothing and accessories, food and beverage distribution, decorative products, computer related products and services, hospitality, printing and photography, rental purchase businesses, and other retail businesses and services.

Strasburger attorneys have the knowledge and skills to assist companies with the multitude of legal concerns affecting franchise and distribution systems, including:
  • Developing franchise, direct selling, dealership, and distribution systems;
  • Advising on compliance with state and federal regulations;
  • Counseling on all aspects of corporate, partnership and securities issues;
  • Preparing license, franchise, dealership, co-branding, and distribution agreements;
  • Drafting master franchise, area representation, sub franchise, development, and other agreements;
  • Preparing and filing franchise disclosure statements, registrations and offering circulars;
  • Advising on supply systems for franchisors and distributors;
  • Counseling on dealer qualification issues;
  • Counseling on product labeling issues;
  • Assisting with real property sales, leases, site development issues and financing;
  • Counseling on antitrust and trade regulation issues;
  • Advising on encroachment, non-renewal, termination, transfer, and other franchising and distribution issues;
  • Planning for favorable tax treatment;
  • Counseling on importation, exportation and transportation issues; and
  • Assisting with mergers and acquisitions.

The firm’s practice unit leaders are available to answer any questions about Strasburger’s capabilities.  To learn more about this practice area, please contact
earsa.jackson@strasburger.com.
Franchise & Distribution
OVERVIEW
Strasburger's franchise and distribution team focuses on the representation of businesses using franchising, licensing, dealership, or direct selling arrangements for the distribution of goods and services, both domestically and internationally. Over the years, the firm has earned a national reputation for quality representation of franchisors, licensors, motor vehicle manufacturers, direct sellers, and product distributors from start-ups to multinational corporations.

Our attorneys have a broad range of experience in matters affecting franchises, direct sellers and other distribution systems, including: development of systems, regulatory compliance, contracts, intellectual property, dispute resolution, antitrust, international and administrative matters. We have represented businesses in a wide variety of industries, including: restaurant, automotive, health and beauty, building products and services, clothing and accessories, food and beverage distribution, decorative products, computer related products and services, hospitality, printing and photography, rental purchase businesses, and other retail businesses and services.

Strasburger attorneys have the knowledge and skills to assist companies with the multitude of legal concerns affecting franchise and distribution systems, including:
  • Developing franchise, direct selling, dealership, and distribution systems;
  • Advising on compliance with state and federal regulations;
  • Counseling on all aspects of corporate, partnership and securities issues;
  • Preparing license, franchise, dealership, co-branding, and distribution agreements;
  • Drafting master franchise, area representation, sub franchise, development, and other agreements;
  • Preparing and filing franchise disclosure statements, registrations and offering circulars;
  • Advising on supply systems for franchisors and distributors;
  • Counseling on dealer qualification issues;
  • Counseling on product labeling issues;
  • Assisting with real property sales, leases, site development issues and financing;
  • Counseling on antitrust and trade regulation issues;
  • Advising on encroachment, non-renewal, termination, transfer, and other franchising and distribution issues;
  • Planning for favorable tax treatment;
  • Counseling on importation, exportation and transportation issues; and
  • Assisting with mergers and acquisitions.

The firm’s practice unit leaders are available to answer any questions about Strasburger’s capabilities.  To learn more about this practice area, please contact
earsa.jackson@strasburger.com.

EXPERIENCE

Representative matters handled by Strasburger's franchise attorneys include the following:

  • Assisted international direct selling companies with their import and export trade compliance obligations.
  • Represented a U.S. armored security firm in the creation of its international franchise program and the granting of its first Master Franchise in Chile.
  • Represented private direct selling company in obtaining approximately $6 million Texas franchise tax refund.
  • Assisted direct selling companies in negotiation of state sales and use tax collection agreements.
  • Provided extensive counseling to direct selling company on Mexican employment issues and creation of polices and procedures for Mexican subsidiary.
  • Obtained successful resolution of claims brought against fast food franchisor by several of its franchisees.
  • Assisted fast food franchisors with their Mexican franchise compliance obligations.
  • Represented a U.S. commercial motor vehicle manufacturer in the organization and documentation of its Mexican dealer network.
  • Represented a multinational hotel franchisor, an international language school franchisor, a retail franchisor, and an auto parts franchisor in developing their Mexican franchise operations.  


DISTINCTIONS
Because Strasburgers Franchise & Distribution attorneys have experience in nearly every aspect of franchising, licensing, and distribution, they are often asked to speak on topics affecting their clients.  Earsa Jackson, the team's practice leader, is the recipient of numerous awards for her legal services in the area of franchising, including the 2009-2010 Legal Eagle Award by Franchise Times.

The firm's attorneys have played active roles in transactions at home and throughout the world. These experienced and accomplished attorneys focus on the legal, business and political aspects of international trade and trade-related problems and deliver legal solutions that make solid business sense. Strasburger has an extensive network of law firm contacts worldwide and considerable experience in working with foreign counsel on behalf of its clients. Additionally, the firm has a number of attorneys who are fluent in a variety of foreign languages.

Our lawyers are also active participants in and frequent speakers at conferences sponsored by the Direct Selling Association, the International Franchise Association, the International Bar Association and the American Bar Association's Forum on Franchising.