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 area leaders are available to answer any questions about Strasburger’s capabilities. To learn more about this practice area, please contact Earsa Jackson.

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.

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A Glimmer of Hope for Franchisors Fearing Joint Employer Liability

Written by Stephanie C. Gaston on May 2, 2016

In a recent article published by the Franchise Law Journal[1], authors Mary-Christine Sungaila and Martin M. Ellison survey the current status of joint employer liability in the franchise context and the pervasive influence of Patterson v. Domino’s[2] in this area of the law. In the wake of the National Labor Relations Board’s (NLRB)  majority decision Read More…


Franchising

Out of Joint: Texas Joint Employer Liability for Franchisors

Written by Stephanie C. Gaston on April 13, 2016

In response to the NLRB’s pronouncement of joint employer status between two distinct business entities in Browning-Ferris Industries,[1] a handful of state legislatures, including Texas, have passed legislation to protect the franchise industry from exposure to lawsuits for franchisees’ labor and employment law violations. Other states that have passed similar legislation include Louisiana, Tennessee, Wisconsin, Read More…


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NYC Under “A-Salt”

Written by Earsa Jackson on December 13, 2015

New York City’s new sodium warning law received its first official challenge this month. On December 3, 2015, the National Restaurant Association (NRA) filed suit against the New York City Department of Health & Mental Hygiene, the New York City Board of Health and Dr. Mary Travis Bassett, Commissioner of the New York City Department Read More…


earsa-jackson

Strasburger Partner Earsa Jackson Discusses How New NLRB Ruling Affects Contract Employees

Written by Earsa Jackson on September 18, 2015

As seen in The Business Journals (September 2015) If you hire contract or temporary employees to cover your labor needs, you should know about a new ruling by the National Labor Relations Board (NLRB) that may change the way you view outsourcing. The NLRB recently revised its joint-employer standard in Browning-Ferris Industries of California, Inc. Read More…


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WOW, What A Typo!

Written by Katherine McGahey on September 8, 2015

Everyone knows that feeling when you finish writing something, send it out into the world, and then suddenly notice a typographical error. With today’s automated spelling and grammar checks, the error is usually the benign substitution of one word for another – “has” instead of “had,” for example. When the substitution is one party for Read More…


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HONORS

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 area leaders are available to answer any questions about Strasburger’s capabilities. To learn more about this practice area, please contact Earsa Jackson.

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.
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