How to Franchise a Business: A Practitioner's Guide

If your client is considering creating a franchise system to develop and sell franchises in the United States, you will need to advise them on a variety of legal issues. Among other things, you should be familiar with and advise your client on the laws of any states where they intend to sell franchises, and with the Federal Trade Commission regulations relating to the sale of franchises. For example, under FTC regulations and statutes in thirteen states, your client will be required to provide prospective franchisees with a complete disclosure document, commonly referred to as a "Franchise Disclosure Document" or "FDD," and contracts, including a franchise agreement, confidentiality, non-disclosure, and non-solicitation agreements. And under the laws of the thirteen states referenced above, your client will be required to register the FDD with state authorities. Your client may also have trademark issues and will need to structure its business to best protect its assets.

Presenters Michael Einbinder and Mackenzie Dimitri, from Einbinder & Dunn, LLP, discuss the most important aspects for practitioners to consider when advising new franchisor clients. Attendees will learn practical advice for guiding prospective franchisors through the process of franchising their business and the strict rules relating to the sale of franchises under the FTC and state law.

Learning Objectives:

1. Gain practical advice for advising new franchisor clients and guiding them through the process of franchising their business
2. Discuss the strict rules relating to the sale of franchises under the FTC and state law
3. Identify best practices for structuring a business in order to protect its assets