Representing the Mature Franchisor

Kaufmann Gildin prides itself on, and possesses a nationwide reputation for, representing mature franchisors in a comprehensive, forward-looking and cost-effective basis.

Mature franchisors find that Kaufmann Gildin’s franchise attorneys are remarkably adept at identifying and addressing the myriad opportunities and challenges confronting franchisors in the 21st century. We work closely with the extraordinarily talented corporate counsel of mature franchisors - - including some of the largest in the world - - to carry out the following critical activities:

  • Modifying an existing franchise system so that it not remain static but, to the contrary, responds to and takes advantage of changes in competitive circumstances, demographics, technology, consumer preferences/lifestyles and the law.
  • Revamping the mature franchisor’s franchise agreement both to anticipate and incorporate necessary change and flexibility (including negotiations with key franchisees and franchisee associations to achieve such revisions).
  • Ensuring that the mature franchisor’s disclosure documents are up-to-date in content and approach - - while these documents are required by law, Kaufmann Gildin understands that they serve a crucial marketing function as well.
  • Coordinating and accelerating all nationwide and international franchise registration efforts.
  • Keeping the mature franchisor aware of - - frequently in advance and often affording franchisor input into - - changes in law, regulations, government policy and regulatory philosophy.
  • Reviewing (or if necessary implementing) the mature franchisor’s internal compliance program to avoid unnecessary franchise-related liabilities and ensure compliance with all applicable franchise laws.
  • Training in-house counsel and paralegals to themselves assume and discharge all franchise registration and compliance efforts (saving the mature franchisor considerable outside counsel fees).
  • Guiding the mature franchisor in establishing dual distribution, secondary distribution, electronic commerce and “non-traditional location” programs.
  • Engaging in international franchising/joint venture/licensing activities.
  • Deploying our massive knowledge of and vast experience in consummating franchise-related mergers, acquisitions and securitizations.
  • Furnishing critical government and media relations services, legislative assistance and crisis counseling.
  • Assisting the mature franchisor in conducting refinancings; recapitalizations; initial public offerings; secondary public offerings; and, ”going private” transactions.
  • Increasing the number of profit centers available to the mature franchisor.
  • Ensuring franchise network compliance with the mature franchisor’s procedures, specifications and standards.
  • Resolving conflicts with individual franchisees or franchisee associations.
  • Adducing franchise disclosure document financial performance representations designed to propel franchise sales activity while precluding exposure for engaging in improper “earnings claim” activity.
  • Negotiating franchise acquisitions, extensions and/or renewals with counsel for existing and prospective franchisees.
  • Counseling the mature franchisor regarding how to expand activities in franchised territories without violating franchisees’ territorial exclusivity.
  • Furnishing day-to-day advice and counsel with regard to any and all matters pertaining to a mature franchisor’s current or anticipated activities.
  • When disputes cannot be resolved through negotiation or mediation, representing mature franchisors in court, arbitration and appeals with incredible fervor, efficiency and results.