Franchise and Distribution

Our franchising and distribution law practice has the depth and reputation to handle the most complicated franchise and distribution issues nationally and internationally.  Two of our attorneys have been recognized by Franchise Times® as two of the top 100 franchise lawyers in the United States.  Our attorneys take leadership roles in the International Franchise Association and the ABA Forum on Franchising.  In 2012, our franchise group helped one of our partners co-author the 2012 ABA Annual Update on Franchising, which is heavily relied on by most franchise practitioners.

Our litigation attorneys have handled hundreds of franchise matters over the years and have taken many cases through final award or judgment throughout the United States.  Our litigation attorneys are also well-versed in all forms of alternative dispute resolution.

Our franchise and distribution lawyers provide a full range of services designed to meet the unique legal needs of companies that offer goods and services through franchising and related distribution methods.  We have significant experience assisting clients in the development and planning of their franchise, distribution and licensing programs.  For clients with new franchise programs, we can prepare franchise, area development, and related agreements.  We also review, revise and update such agreements for existing franchisors.

The rapid growth of franchising has prompted a significant increase in state, federal and foreign regulation.  Our franchise lawyers routinely assist new and existing franchisors in negotiating the regulatory maze governing the sale of franchises. In particular, we assist in preparing offering circulars that comply with the disclosure requirements of the various states and countries in which such circulars are to be distributed, and in registering franchisors where such registration is required.

The services provided by our franchise and distribution lawyers include:

  • trademark registration, and licensing;
  • general and specific guidance and assistance with respect to the organization and reorganization of the franchise or distribution system;
  • counsel with respect to franchise-related real estate matters;
  • assistance with respect to the creation or modification of a franchise advertising cooperative;
  • advice with respect to the termination of an existing franchise, distributorship or dealership from the perspective of both the franchisor/distributor or distribution and the franchisee/distributorship; and
  • advice regarding the implications of franchise relationships within the context of mergers, acquisitions and other fundamental business changes.

We also provide a full range of services to franchisees and distributors including reviewing and negotiating franchise agreements, area development agreements, master licenses, and distribution agreements.  We also advise franchisee associations on formation, business transactions, and dispute resolution.

2016 Chambers generic


News Releases

06.27.2016Peter R. Silverman Appointed to CPR Panel of Distinguished Neutrals
06.06.2016Shumaker Attorneys Recognized as Leading Lawyers in Chambers USA
04.06.2016Brian McMahon and Peter Silverman Selected as "Legal Eagles" by Franchise Times
11.30.2015Brian McMahon and Peter Silverman Recognized in Who’s Who Legal:  Franchise 2015
05.27.2015Chambers USA Recognizes Shumaker Attorneys and Practices
05.19.2015Brian McMahon Speaks at OSBA Franchise Seminar
05.08.2015Peter Silverman Featured in Franchise Times Magazine
04.01.2015Brian McMahon and Peter Silverman Selected as Franchise Times "Legal Eagles"
05.29.2014Shumaker Attorneys Recognized as Leading Lawyers in Chambers USA
05.27.2014Peter R. Silverman Featured Expert in Franchise Journal
04.01.2014Brian McMahon and Peter Silverman Selected as Franchise Times Legal Eagles
07.26.2013Peter R. Silverman Quoted in The Street.Com News Story
12.25.2012Peter R. Silverman Featured in Blue MauMau Article regarding Franchising and Distribution Top Legal Trends in 2012
10.10.2012Peter Silverman Co-Authored American Bar Association Publication "Annual Franchise and Distribution Law Developments, 2012"
08.23.2012Shumaker Attorney Mark Wagoner Wins Landmark Victory in Beer Distributorship Case
09.27.2011Brian McMahon Speaker at OSBA Franchise Seminar
09.27.2010Shumaker, Loop & Kendrick, LLP Receives First Tier Rankings in U.S. News Media Group and Best Lawyers 2010 “Best Law Firms” Inaugural List
07.01.2010Shumaker, Loop & Kendrick, LLP Attorneys Named to Super Lawyers, Corporate Counsel Edition

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