Franchise and Distribution

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Kutak Rock lawyers have advised hundreds of local and national clients in franchise, licensing and distribution matters.  These clients turn to our team of franchising and distribution attorneys to represent them during all phases of their growth and operations.  Our attorneys then use their broad experience and work together in integrated, national teams to support one another in achieving each client’s objectives. 

Some examples of assistance our attorneys have provided to our franchise and distribution clients include:

  • Structuring franchise, distribution and licensing programs
  • Advising clients on whether a business arrangement constitutes a franchise, dealership or other agency relationship which results in the application of special laws, both domestically and internationally
  • Preparing Franchise Disclosure Documents and state registrations
  • Counseling clients on registration, renewals, sales compliance, relationship laws and business opportunity laws
  • Advising clients on franchise terminations, transfers and renewals
  • Representing franchise companies (both franchisors and franchisees) in litigation, arbitration, mediation and dispute resolution
  • Assisting in establishing and maintaining franchise compliance programs
  • Protecting brands, including trademark and service mark registration and enforcement
  • Protecting and enforcing other Intellectual Property, including copyright, patent, trade secrets, domain names and trade dress
  • Enforcing non-compete provisions in franchise and distribution agreements
  • Counseling clients on employment, compensation and employee benefits issues and litigation
  • Identifying and minimizing state and local tax issues
  • Acquiring and leasing real estate
  • Advising clients on corporate and real estate financing and capital formation
  • Selecting and structuring entities
  • Leading mergers and acquisitions