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Franchising Law

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Increased competition is one of the most significant challenges the franchising industry faces today. In recent years, it has become increasingly difficult for franchisors to sustain a competitive edge.

The attorneys of Keevican Weiss & Bauerle LLC understand the franchise business and can provide the edge to help position companies to compete effectively in today’s markets.

How can Keevican Weiss & Bauerle LLC serve the operator whose main concern is focused on what happens “within the four walls”? The answer is simple. Our knowledge of franchising and the many concerns faced by franchisors and franchisees has provided invaluable assistance to franchisors whose interests range from on-property concerns to franchise-building to capital raising to litigation.

Our franchising clients use many of our other practice areas, including: corporate finance, real estate, franchising and joint development agreements, employment, trademarks and trade secret protection, and litigation.

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Examples:

  • Representation of a national restaurant chain in connection with an initial public offering of common stock, offering of convertible subordinated debentures, registration on Form S-8 of Common Stock issued under Employee Stock Option and Ownership Plans and the issuance of shares registered on Form S-4 in connection with mergers.
  • General counsel to public company that provides medical staffing services, assisting it in implementing an aggressive franchising strategy for its core staffing business as well as for a new related home care business, including with regard to the preparation of its franchise and area development agreements and its Franchise Disclosure Document; state filings and registrations; negotiation of a strategic alliance relating to its offering of franchises; analysis and filing of a series of new trademark registration applications; and policing of existing trademarks against infringements, including through the filing of infringement actions and negotiating favorable settlements of those actions.
  • Served as the principal outside lawyer for a National Football League franchise. Oversaw all legal aspects of the team, including, negotiation of player contracts, stadium lease and licensure with National Football League properties. Ultimately, developed and implemented financing structuring for a 4,500 stadium seat expansion, including negotiation of $11,000,000 contract for scoreboard advertising and creation of seat license.
  • Represented a national and international franchisor and retailer of coffee products in assisting their franchisees to obtain financing through a regional banking institution.
  • Represented national bank in lending to franchisees of national fast service restaurant company and in workouts under which successor franchisees purchased assets and assumed or repaid loan obligations.
  • Assisting numerous food franchisors in general and trademark matters, including analysis of strength and likelihood of success of registering proposed marks to filing and processing applications to policing against infringements.

Attorneys

Leo A. Keevican

Managing Director