Phoenix, Arizona Franchise Attorneys
The Growth of Franchising: Franchising covers a wide range of businesses in a variety of industries. Indeed, many entrepreneurs are discovering that franchises are growing in areas not traditionally associated with franchising. Many are familiar with popular franchises such as McDonald's or 7-Eleven, but as the vast number of informational sites that post franchise opportunities demonstrates, there are a growing number of franchises that may involve health care, dry cleaning, pizza, video or even garbage collection. Some franchises may be more traditional and retail or premised based while others may be mobile or van based. Franchising may appeal to a potential Franchisor or Franchisee on a number of levels. Franchising may help a business expand more rapidly than by natural expansion. Many Franchisees find that the training, tools, ongoing support and materials associated with an existing brand name business offers more advantages than starting a business from scratch.
Our Services as a Franchise Firm: Franchisees and Franchisors seek our assistance on a wide range of matters. These include:
- Litigation and Dispute Resolution. Franchises consist of a valuable and sometimes delicate relationship between Franchisee and Franchisor. We can assist at various stages of a growing franchise to assist in making the Franchise relationship one that is successful. If the relationship turns sour, it can sometimes be saved with appropriate negotiation. If that cannot be done, the Firm can assist in franchise dispute resolution and litigation, as appropriate.
- Setting up a Franchise System. For some businesses franchising is a good strategy to expand a successful business. It does require consideration of factors that may not have been the focus of the original business plan or that are unique to franchising. Starting a franchise system requires advice and direction regarding the appropriate legal documentation and disclosures. With over 15 years of litigation and transactional experience for individuals and businesses in franchise, intellectual property and unfair competition matters, Peter Greenfeld's experience at some of the major California and Arizona firms allows him to provide potential Franchisors with "Big Firm" expertise at a more affordable rate and in a more personal manner. The Firm can assist prospective Franchisors with franchise disclosure and set-up.
- Purchasing a Franchise. Many entrepreneurs are attracted to the advantages that a franchise can offer in terms of training, support and working with an established brand. While business experience can be valuable in narrowing down the large number of franchise opportunities available, the documentation governing most franchises can be quite complex. In addition, most Franchise Agreements are very long term commitments and may contain restrictions that apply even after the franchise relationship has terminated. Figuring out the boundaries of the franchise relationship may not be as simple as reading the UFOC and Franchise Agreement from cover to cover. It is prudent to seek the advice and counsel of a franchise lawyer who is familiar with franchise documentation and the franchising world prior to making such a commitment. In addition to negotiation and litigation advice, Peter N. Greenfeld P.C. offers Arizona Franchisees a flat fee to review franchise agreements before they are signed or renewed. Alternatively, some franchisees opt for an initial consultation only for general guidance. Either way, seeking legal advice before any legal relationship is established between franchisee and franchisor is essential.
- Franchisee Representation after Franchise Purchase. In addition, Franchisees may require advice or assistance in interpretation of the Franchise Agreement or UFOC after having purchased the Franchise if a dispute arises or to resolve an issue before it occurs. Issues may arise relating to early or wrongful termination, default of the franchise agreement, encroachment, fraud and misrepresentation, royalty disputes, franchise non-competition, site selection or franchise renewal.
Scope of Franchise Work. Mr. Greenfeld has handled franchise cases that have involved issues of infringement, early termination, royalty payments, encroachment, fraud, breach of implied covenant of good fairth and fair dealing, unregistered franchise, breach of fiduciary duty, choice of law and forum and arbitrability of claims.
Contact The Law Office of Peter N. Greenfeld P. C. for Experienced Franchise Legal Assistance.
We are available to assist individuals, retailers, small to medium business owners or Fortune 500 firms as franchisees or franchisors to resolve franchise disputes. Disputes arise under many different circumstances, including:
- Enforcement of in-term covenants not to compete
- Enforcement of post-term covenants not to compete
- Non-payment of royalties and/or advertising fees based on claims of recession
- Defense of fraud claims
- Defense of fiduciary obligations
- Wrongful or early termination
- Encroachment
- Default of the franchise agreement
- Royalty disputes.
Whether you are a Franchisee or a Franchisor, we can help protect your rights or ascertain what rights you may have under a Franchise Agreement.
Contact Us
We have worked with a broad range of businesses and industries, and can help you or your business if you have a franchise related matter. If you are a franchisee or franchisor, contact us at 602-954-2200 for answers and representation. We are licensed in both Arizona and California, are conveniently located in Phoenix's Camelback Corridor.
Franchising is a key practice area of the firm. It requires knowledge of various intellectual property disciplines. These include protection of trade secrets, trade dress, as well as patent and copyright law. If you are a Franchisee or Franchisor, click here for more information on our franchise practice. You might also want to bookmark our daily Franchising and Franchise Law BLOG. The BLOG is updated daily and covers franchising trends, court cases, disputes, marketing and other information.
The Law Office of Peter N. Greenfeld P. C.
4500 North 32nd Street, Suite 109
Phoenix, AZ 85018
Phone: 602-954-2200
Fax 602-956-4232