FRANCHISING &
INTELLECTUAL PROPERTY
Strategic Counsel for Franchisors
Franchise law requires both regulatory knowledge and practical business understanding. Our franchise attorneys primarily represent franchisors—both emerging and established—in developing, maintaining, and expanding franchise systems.
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Our work integrates federal disclosure requirements, state regulatory compliance, contractual structure, and brand protection. Franchise systems require consistency, regulatory discipline, and careful drafting. Our franchise lawyers work with clients who value measured growth and long-term brand protection.
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Franchisor Representation
We approach franchise law as a long-term advisory relationship, not a one-time document project. We advise franchisors on:
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Structuring franchise systems
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Preparing and updating Franchise Disclosure Documents (FDDs)
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Preparing franchise agreements and related documents
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State franchise registrations and renewals
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Regulatory compliance
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Ongoing franchise relationship issues
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Intellectual Property
Brand protection is central to franchise systems and other businesses. We assist with:
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Trademark and service mark registration and renewals
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Trade name registrations
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Licensing arrangements
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Brand strategy coordination
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Protection of proprietary materials
Limited-Scope Franchisee Review
We also provide document review and analysis for prospective franchisees. Our role is to explain the Franchise Disclosure Document and franchise agreement, identify legal and structural issues, and assist clients in understanding obligations before signing.
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We do not evaluate or recommend specific franchise investments.
FAQs: Frequently Asked Questions
What is a Franchise Disclosure Document (FDD)?
An FDD is a legal document required by federal law. It provides prospective franchisees with detailed information about the franchisor, the franchise system, fees, obligations, and risks. It must be provided before a franchise agreement is signed or money is paid.
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Do all franchisors need to register their FDD?
No. Some states require franchise registration or filing before franchises may be offered or sold. Other states do not. The requirements depend on where the franchise will be offered and sold.
Which states require registration or some other type of filing?
The franchise registration states are: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington and Wisconsin. Other states which require a different type of filing are: Connecticut, Florida, Kentucky, Nebraska, Texas and Utah. State filing fees range from $250 to $1,865.​​
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How often does an FDD need to be updated?
Federal law requires an annual update. An interim update may be required if there is a material change during the year.
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What is the difference between an FDD and a franchise agreement?
The FDD is the pre-sale disclosure document required by law. The franchise agreement is the contract that governs the relationship between franchisor and franchisee. The agreement contains binding legal obligations.
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How long does it take to launch a franchise system?
Timing depends on the readiness of the business, complexity of operations, and regulatory requirements. We work with clients to establish realistic timelines based on their circumstances. In many cases, a final FDD can be prepared within approximately 6 to 8 weeks after receipt of completed background information.
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How long do state franchise registrations take?
This varies substantially from state-to-state. Some state registrations become effective on the same day as filing. Other state registrations may take several months to become effective.
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Do you prepare franchise operations manuals?
No, but we have a close affiliation with FranMan, Inc. a professional producer of quality franchise operations manuals.​
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Can you help protect my intellectual property?
Yes. We handle trademark and service mark registration and renewal filings for word marks and logos with the US Patent and Trademark Office. We also advise clients on copyright protection, and help protect trade secrets. When the owner of intellectual property allows another person or entity to use it, a proper license agreement is the best way to ensure the owner’s rights in the IP are respected and maintained.
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Do you represent franchisees?
Although we primarily represent franchisors, we also provide limited-scope review and analysis of FDDs and franchise agreements for prospective franchisees to help them understand the documents before signing.