Franchise Law Focus


Your Franchise Law Attorney

At Mulcahy LLP, we are recognized across the nation as an experienced franchise law firm that represents franchisors, distributors, dealers, sub-franchisors, master franchisees, area developers, area representatives, manufacturers, franchisees, and franchisee associations. A franchise agreement lawyer from our team can serve you in various business sectors, including the following:

  • Business Services
  • Cleaning
  • DVD, Video & Gaming
  • Entertainment
  • Farm & Industrial Equipment
  • Health and Fitness
  • Home Services
  • Hospitality
  • Hotels
  • Mailing & Shipping
  • Motor Vehicle
  • Pet Care, Pet Products, and Veterinary
  • Printer, Copying & Sign
  • Real Estate Brokerages
  • Restaurant
  • Security
  • Senior Care
  • Child Care, Schools, and Tutoring
  • Vending
 

How a Franchise Business LawyerFrom Our Team Can Help

We serve a wide range of clients, from small companies interested in pursuing a franchise business model to some of the largest franchise brands with hundreds of existing outlets. Our team provides both litigation and transactional legal assistance to help provide comprehensive solutions for various legal issues that cover franchise licensing, employment, intellectual property, distribution, real estate, and more. Whether you need a franchise litigation lawyer, franchise disclosure document (FDD) lawyer, or other franchise legal help, we have you covered.

Our team advises clients on all elements of the franchise business model, including:

  • The initial decision to franchise
  • The creation of franchise agreements and disclosure documents
  • Annual franchise registration and renewal plans
  • Producing business policies and practices for optimum management of a franchise and distribution system
  • Complying with the various federal and state registration and disclosure laws
  • Negotiating with distributors, suppliers, and other third parties
  • Arbitration and litigation when required
 

Highly Knowledgeable and Experienced in Franchise Law

Our team of experienced trial attorneys is fully-knowledgeable and versed in the following aspects of franchise law:

  • State-specific franchise registration and relationship laws
  • Contract disputes and breaches of the implied covenant of good faith and fair dealing
  • Disclosure and fraud issues
  • Dealer/franchise renewals, terminations and transfers
  • Expansion and encroachment issues
  • Territorial disputes
  • Exclusivity and non-compete provisions
  • Trade secret, trademark and copyright infringement
  • Tortious interference and other intentional tort claims
  • Lanham Act violations
  • Labor and employment disputes
  • Antitrust
 

Contact aFranchise Lawyer Near Me

To setup a consultation with a franchise law attorney from our team about your franchise legal needs, including California franchise registration renewal and other issues, call us today at 949.252.9377 or use our contact form to send us a message.

Practice Guides




  • What is a Franchise Under California Law?

    What is a Franchise Under California Law?

    On January 1, 1971, the California Franchise Investment Law (the “CFIL”) became law in California, making it the first franchise-specific law in the country. The CFIL, codified at Corporations Code sections 31000 through 31516, is designed to regulate franchisors’ dissemination of information to prospective franchisees, allowing the prospects to make informed decisions regarding their potential franchise investments. Both the registration and disclosure requirements under the CFIL closely mirror California’s Blue Sky Laws.

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  • Selectively Enforcing Franchise Agreements

    Selectively Enforcing Franchise Agreements

    The contractual rights and responsibilities of the individual franchisees in a particular franchise system are generally uniform throughout that system. The franchisor achieves this homogeneity by (1) amending or supplementing earlier versions of its franchise agreement to reflect its current version of the document, and (2) requiring all franchisees to adhere to a single operations manual. Uniform obligations help instill consistency in the brand and simplify the franchisor’s monitoring and enforcement efforts.

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  • Personal Liability of Franchisor's Officers & Directors

    Personal Liability of Franchisor's Officers & Directors

    It is widely understood that the owner or operator of a corporation acting in her “corporate capacity” can hide behind the protective veil of the corporation to avoid liability of the corporation. However, this fundamental protection afforded the principals of most business models may not be available to franchisors.

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  • Private Right of Action Under the CFIL

    Private Right of Action Under the CFIL

    Unlike the federal franchise laws – that can only be enforced by the Federal Trade Commission – the California Franchise Investment Law (CFIL) provides individual franchisees (and subfranchisors) with a private right of action against the franchisor.

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  • Disclosure Of California Franchise Opportunity

    Disclosure Of California Franchise Opportunity

    All franchisors that are subject to registration in California are required to provide prospective franchisees with a Franchise Disclosure Document (“FDD”), including the California cover page and addendum, all attachments and exhibits, 14 calendar days before the prospect signs a binding agreement with, or makes any payment to, the franchisor or its affiliate.

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  • The Experienced Franchisee Exemption Under The California Franchise Investment Law

    The Experienced Franchisee Exemption Under The California Franchise Investment Law

    In California, the offer and sale of a franchise is regulated by the California Franchise Investment Law (“CFIL”)

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T 949.252.9377
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