USA Franchise Lawyer Gives Brief Overview of Buying a Franchise

The USA franchise lawyer has to have broad knowledge of franchise laws in different states and how they affect people who want to buy or sell a franchise. If you are considering going into business by buying a franchise, working with a franchise lawyer from the
beginning will help you understand the many responsibilities you will have as a franchise owner, and can prevent costly mistakes.

Capital Investment and Your Interests Are Key

Before choosing a franchise, you must fully understand what level of capital investment you can make. The cost of buying a franchise varies tremendously, and you want a franchise that is reasonable for your financial situation. Also, you should choose a franchise that speaks to your interests. You will be spending considerable time running your franchise, so it's important that you choose one that aligns as well as possible with what you like to do.

The Franchise Application

When you choose a franchise, you will have to complete a franchise application, which may ask for credit and background information and see if you meet criteria set forth by the franchisor. Franchisors must provide potential franchisees a Uniform Franchise Offering Circular (UFOC) containing information about the franchise's history, finances, contracts, and requirements. Having a franchise lawyer review the UFOC with you is wise.

Franchisor Standards of Conduct

Franchisors are required under the law to act fairly and "with good cause." They must follow standards in the event of termination, non-renewal and changes in competitive circumstances. The specifics of these laws vary from state to state, and that is another reason to work with a franchise lawyer starting as soon as you decide to buy a franchise.

Why It's Smart to Check out Franchisee Law Firms

Franchisee law firms help potential franchise owners understand their obligations and requirements in order to buy a franchise. They can explain confusing terms in the UFOC and make sure you understand any and all contracts you sign with a franchisor. And, should the franchisor try to terminate your franchise improperly, your franchise lawyer will have your back and help you ensure you exhaust all avenues of recourse.

Franchisee Lawyers Help Franchise Buyers Avoid Costly Mistakes

Franchisee lawyers focus attention on Item 19 in franchise disclosure documents (FDDs) which covers financial performance. While not all franchisors provide Item 19 disclosures, a growing percentage of them do, probably to help them stand out against other franchises competing for buyers. Whether or not your franchisor includes Item 19 disclosures, your franchisee attorney will demand clarity about earnings.

Becoming a Single Unit Operator

There are not as many single unit franchise owners as there used to be. The trend toward multiple unit ownership is strong, and it's not as easy to become a single unit franchise owner today. However, that doesn't mean it's impossible. Improved access to credit may benefit those who want to become single unit operators, but in reality, many franchisors prefer working with only a handful of multi-unit franchisees to dozens or hundreds of them.

Litigation and Healthcare Laws

Many franchise law cases in 2012 had to do with the distinction between "franchisees" and "employees," and your franchisee attorney should stay abreast of current case law in this area. Additionally, new franchise owners must prepare themselves for requirements of the Affordable Care Act, specifically requirements for franchises with 50 or more full-time employees. Preparing now can help things go smoother in 2014 when the law kicks into high gear.

The FTC and Franchises

The Federal Trade Commission regulates franchises at the federal level, and your franchisee lawyer should stay up to date on FTC rules and clarifications the FTC sometimes issues about their rules. Often these rule interpretations have to do with geographic territories and exclusivity that could affect your franchise significantly.

The "Accidental" Franchise

Sometimes people find themselves operating as a franchise without even realizing it. If you are using someone else's trademark for a fee, under certain state laws, you could be a franchisee unintentionally. The FTC has a list of criteria that makes a business a franchise, and if you are entering into a business that fulfills those criteria, it may be subject to both federal and state laws governing franchises. This is yet another reason to work with a franchise lawyer as soon as you make the decision to become a franchisee.

Is Franchising Right for You? Franchise Lawyers Can Help You Decide

Did you know there are nearly three quarters of a million franchise-related businesses in the United States? Franchises are appealing because they allow franchise owners to build a business on an established brand. However, running a franchise comes with many restrictions you might not face if you owned an independent business. You will pay fees to the franchisor in order to use their trademark and business model, and both parties sign a contract defining rights and obligations.

Protecting the Franchisor's Reputation

Because your franchise business stands on the reputation of the franchisor, you will have to follow certain contractual obligations to protect that reputation. You will probably have to make your store look very similar, if not identical, to others in the franchise, and you will almost certainly not be allowed to sell products other than the franchisor's products. Employees will have to follow certain rules, and you will have to get approval for advertisements.

Training and Who Pays for It

You and your employees will have to undergo training on business operations. Most franchisors provide this for free as part of your agreement. You may train at other franchise stores, or you may go to a specific training location. Make sure the franchisee attorneys helping you clarify who is paying for training before you sign the franchise agreement.

Franchises and Fees

Generally, franchisees pay periodic royalties, which are calculated as a percentage of your sales, or as a percentage of your profits. You will also pay a one-time up front fee to start your franchise. Your franchisee lawyer should help you determine if you also have to buy certain supplies from the franchisor. Anti-monopoly laws do restrict franchisors' ability to force you to buy their products, however.

Franchisee Attorneys Should Be Helping You from the Beginning

Franchise lawyers should be on board with you as soon as you decide you want to buy a franchise. From helping you understand franchise disclosure documents to dealing with problems like contract termination, these legal professionals can prevent expensive mistakes and help you get your franchise off to the best possible start.

Turn to Franchise Attorneys in Miami When Changes Affect Your Franchise

Getting out of a franchise can be complex and painful. Your franchise agreement may contain non-compete covenants prohibiting you from owning a similar business for a year or more. If you want to get out of a franchise, selling it is the easiest way, but that's not always possible. Franchise attorneys in Miami can help you explore all your options for getting out of a franchise.

Selling Your Franchise

Selling a franchise is different from selling an independent business. Franchisors sometimes say they will help you find a buyer if you want to sell, but when it comes down to it, they're often not much help at all. What's more, many franchisors charge big franchise transfer fees and fees for training new owners. It may sound counterintuitive to have an exit plan when you first buy a franchise, but it's a smart move.

When Mergers and Acquisitions Affect Your Franchise

Franchisees may call upon a franchise law firm when their franchisor is part of a merger or acquisition. When this happens, the franchisee often feels like the business they have ended up with is not the business they thought they were buying. When your franchisor is taken over by new owners, your franchise may become a pawn in corporate games you want no part of. A franchise lawyer can help you protect your rights when a merger or acquisition changes your business.

When Termination or Non-Renewal Threatens Your Business

Getting a termination notice from your franchisor is like getting fired. You may have signed an agreement preventing you from working in a similar business for a certain period of time after termination, and this can seriously affect your ability to earn a living. A franchise lawyer can help you understand what your options and rights are as a franchisee. You may be able to stop the termination, or be awarded damages if you were wrongfully terminated.

Work With a Franchise Law Firm From the Beginning

Get your franchise off on the right foot by working with a franchise lawyer from the beginning. You can prevent problems and understand better how to proceed should problems occur.

The Business Litigation Attorney and Franchises in Florida

The Federal Trade Commission states that a franchise is a business relationship with three specific elements:

           ·          The licensing of a right to use a trademark or trade name

           ·          The payment of a franchise fee (including up front and ongoing fees)

           ·          Some type of marketing plan, control, or assistance on the part of the franchisor

Franchises are governed by federal and state laws. A business attorney may deal with franchise disputes as part of his or her practice.

Franchise Disclosure Documents

Franchise disclosure documents (FDDs) require disclosure of 23 separate items to prospective franchisees. One of the most important disclosures is representations of financial performance, and a franchise lawyer often gets involved with disputes regarding this particular disclosure.

Unfair or Deceptive Practices

Franchisors must be very careful not to make assertions or statements that contradict the statements in the FDD. When a franchisor makes general misrepresentations, overstatements, or misstatements, he or she may be the target of litigation by a franchisee who expected a more favorable financial outcome. A franchisor's assertions may or may not rise to the level of fraud.

Is it Fraud?

A business litigation attorney with experience in franchise litigation may have to deal with franchisee allegations that a franchisor committed fraud. Fraud indicates intentional false statements were made, and is harder to prove than assertions of other state franchise law violations. A franchise lawyer works with a franchisee and advises whether state franchise laws were breached or whether a franchisor committed fraud by deliberately making false statements in order to sell a franchise.

Violations of Florida's Franchise Act

Charges of unfair or deceptive practices often have to do with financial performance disclosures in an FDD. A franchisor is not allowed to provide a prospective franchisee with earnings or sales projections beyond what is required in the FDD, and information disclosed in an FDD must not be misleading. If you are thinking of buying a franchise, your smartest move is to work with a franchise attorney from the very beginning to prevent misunderstandings and to know how to interpret information in your FDD.

How Franchisee Law Firms Help Build American Dreams

Running your own franchise can be a dream come true, or it can be a nightmare. While franchising itself is a great way to have your own business, there are dishonest franchisors who are very good at separating franchisees from their money. A franchisee attorney knows franchise contracts and what the responsibilities are for both franchisor and franchisee. Having a franchise attorney on your side can get you off to a great start.

What Does the Franchise Disclosure Document Say?

The franchise disclosure document, or FDD, is provided by the franchisor, and certain information is required to be disclosed in this document. Franchisee law firms have the expertise necessary to understand these documents and help franchisees know exactly what they can expect. Don't wait until you've paid the franchise fee. Work with a franchise attorney from the start to protect your interests.

Information is Power

The more you know about your franchisor and what the terms of the franchise agreement are, the more likely you are to make a good decision about whether to sign a franchise agreement. There are legal issues with franchising that can be very complicated, but a franchisee attorney can explain these issues to you so you have the knowledge you need to make a good choice about which franchise is a good fit for you.

When Your Contract Isn't Renewed

Sometimes everything is going fine for several years, but then the franchisor decides not to renew your franchise contract. If you find yourself in this situation, you should contact your franchise lawyer and explain the situation. You may have legal recourse, and if so, your lawyer can help you understand your options and choose how to proceed.

When You Are the Victim of Franchise Fraud

Unfortunately, franchise fraud is a problem. Some franchisors make unrealistic claims or otherwise refuse to live up to the terms of franchise contracts. A franchise law firm can be your staunchest ally when you become the victim of franchise fraud. Franchisors who engage in fraud need to be stopped, and with the help of an experienced franchisee lawyer, these franchisors can be held accountable.

Franchise Lawyer in Miami Discusses Different Types of Franchises

Fitness franchises can be very lucrative, particularly in outdoor-oriented regions like South Florida. In recent years, fitness franchises specifically catering to women have become especially popular. These businesses fill a consumer need very well, and when run properly, a fitness franchise can be a terrific business opportunity. If you're interested in a fitness franchise, one of your first business decisions should be enlisting the help of a franchise attorney.

Restaurant Franchises

The restaurant franchise is perhaps the most well-known type of franchise. Such franchises may be casual "sit-down" dining restaurants, fast food businesses, frozen yogurt shops, and many other variations. They can be tremendously successful in areas that are underserved by restaurants. Entering into a restaurant franchise requires hard work and a keen understanding of how franchises work. Your franchise lawyer in Miami can guide you so you can make the most of this type of opportunity.

Printing Franchises

We may live in the age of electronic communications, but printing franchises still fill important needs for hard copy document production and related services. These franchises may also offer other in-demand services like photo enlargement, printing of wedding invitations, and creation of signs and brochures. A South Florida franchise lawyer can help ensure the success of your printing business.

Real Estate Franchises

Real estate franchises are, if anything, more popular than they were before the 2008 housing crisis. This type of franchise offers the security of a large corporation while allowing Realtors to sell houses and make money. Your Miami franchise lawyer can help you understand what is required of you when you buy a real estate franchise, including your marketing options, non-compete agreements, and selling requirements.

Your Franchisee Attorney and You

Working with a franchisee attorney from the start is highly recommended. He or she should have experience with different types of franchises, including the type you're interested in. South Florida is a great place to start a business, and franchises are a way for people to have a degree of autonomy while working with brands that have national recognition. Your franchise lawyer can help you get your franchise off to the best possible start.

Overview of Licensing from a Licensing Lawyer

A licensor is someone who has an idea, invention, or design that he or she licenses to established businesses. When someone licenses an idea, invention, or design, the manufacturing of products, marketing, and sales are done by the licensee. The licensor receives royalties on sales of the product. While being a licensor minimizes risk, it generally results in a smaller financial return than if the licensor manufactured and sold products directly.

How Licensors Make Money from Licenses

Licensors make money from royalties paid by licensees. They can increase income by licensing to multiple licensees. For example, suppose you created an original graphic design and licensed it to a t-shirt maker. The t-shirt maker pays you royalties on all sales of t-shirts with your design on them. You could also license your design to other licensees, such as a licensee making coffee mugs.

What Is a Licensee?

A licensee sells products using the design, idea, or invention of another company. For example, a poster maker may obtain a license to use someone else's graphic design on posters. Every time one of those posters sells, the licensee pays a percentage of the net sales to the licensor. A licensee "borrows" interest in a unique invention or design in order to make money selling products that use that invention or design.

How Licensees Make Money from Licenses

When a licensee gains licensing rights, he or she manufactures products with that brand or design and sells them, paying a percentage of sales to the licensor, but retaining the rest of the net sales. For example, if you wanted to manufacture socks with a designer name, you would apply for licensing rights, and if successful, manufacture socks with the designer's name or logo on them, paying a percentage of sales to the designer.

The Role of the Licensing Firm

Working with a licensing firm is critical whether you're a licensor or licensee. A good licensing lawyer can save you from an expensive mistake, help you protect your intellectual property, or help you avoid a lawsuit over improper licensing. Working with a licensing attorney from the start is highly recommended for both licensees and licensors.

Experience Is Critical in Your Choice of a Business Litigation Lawyer

In theory, breach of contract is simple: one party did not live up to the terms of a contract to which he or she agreed. In practice, however, breach of contract cases can be extremely complicated and require the services of a skilled commercial litigation lawyer to settle. For the business owner, breach of contract cases are the most common causes of legal action, but you shouldn't trust your case to just any commercial litigation lawyer.

Partnership and LLC Member Disputes

Disputes involving partnerships and limited liability companies may be similar to breach of contract cases, but settling them often requires a business attorney with experience in mediating and litigating this specific kind of problem. Emotions can run high in partnership or LLC disputes, which is why it's important to work with an attorney who can work with the facts of the case.

Mergers and Acquisitions

Mergers and acquisitions can represent exciting opportunities, but to be done successfully, they must clearly spell out what happens to all parties after the transaction occurs. Sometimes stockholders object to terms of a merger, and in some cases acquisitions can be "hostile." A skilled and experienced legal team is vital to the success of a newly merged or acquired business.

Emergency Business Litigation Cases

With some business situations, parties must act quickly, and your commercial litigation attorney can make the difference between a clean and fair confrontation and a legal disaster. Sometimes cases arise where preliminary injunctions or temporary restraining orders are necessary, and you need a business attorney with the proven track record to represent your interests aggressively.

Does Your Business Litigation Lawyer Have a Proven Track Record?

When it's your business at stake, you don't want to rely on just any business litigationlawyer. Look for experience specific to your situation and look for someone with a proven track record of success. Ask specifically if an attorney has experience in construction disputes, real estate transactions, franchising, stockholder disputes or whatever type of legal problem you face. Business law can be tremendously complex, so you need legal counsel that has demonstrated skill in cases like yours.

Hiring a Franchisee Attorney Is an Investment in Your Success

If you are a franchise owner, you may believe that you are in an unequal position when bargaining with your franchisor and in many cases you would be correct. Dealing with a franchisor effectively almost always requires legal guidance from franchisee lawyers with experience serving franchisees. A franchise attorney can help you with renewal of your franchise contract, transfer or sale of your business, relocation, and franchise default or termination.

If You Are Considering Buying a Franchise

In theory, owning a franchise is a great way to be your own boss and achieve financial success. In many cases this is true, but if you are considering buying a franchise, you want to go into it with all the facts you need. A franchisee lawyer can review your franchise disclosure document, help you negotiate your franchise agreement, review related agreements like software licenses, and help you negotiate your lease for your franchise location.

The Franchise Contract

You should never sign a franchise agreement without having it thoroughly evaluated by a franchise attorney. He or she can help you negotiate changes to terms that are unreasonably onerous to you, and can help you determine which state's laws govern any potential disputes in the future.

Wrongful Termination of a Franchise

Sometimes franchisors attempt to terminate a franchise agreement or refuse to renew it without a valid reason. Sometimes franchisors do this in order to take over the franchise location, and unfortunately, some franchisors engage in discrimination based on race, religion, or another illegal reason. Experienced franchisee lawyers can, in some cases, prevent franchisors from terminating a contract or refusing to renew it.

When Litigation Is a Possibility

Sometimes franchisors engage in activity that forces franchisees into business practices that cause the franchise to fail. The franchisor may encroach on the area around the franchisee's business until the franchise fails so that the franchisor can take it over. A franchisor may sell franchises only to collect the initial franchise fees, while knowing that the new franchise will most likely fail. This is illegal, and a good franchisee attorney can help you put a stop to it.

You Can't Afford Not to Work with a Franchisee Law Firm

If you're considering buying a franchise, you're making one of the biggest investments of your life. Maybe you don't feel like you can afford the rates charged by franchise law firms, but investing a little time and money up front can prevent major headaches later. If nothing else, you should work with a franchisee law firm to go over your Franchise Disclosure Document before you close the transaction.

Selling a Franchise

If you want to sell your franchise, you should talk with your franchise law firm beforehand. Your attorney will explain what you are required to disclose to potential buyers, interpret the terms of your franchise agreement concerning selling, and help you understand the risks involved in selling. Franchise law firms are also able to thoroughly check out any potential buyers and notify you if they have had legal troubles in the past.

Predatory Franchising and College Students

Predatory franchising is designed to sell franchises that will fail so that crooked franchisors can pocket fees and go on to the next victim. Believe it or not, some of these franchisors participate in college job fairs and target students, particularly in areas where summer jobs and part-time jobs are scarce. If you're a college student who has been contacted by a franchisor, you should speak with a franchise attorney before taking any action.

Problems With Franchise Renewals

If there is no explicit renewal provision in the franchise agreement, and when state or federal law cannot be used to imply that a right to renewal exists, you may be out of luck. Here's an example: in 2002, H&R Block franchisees sued H&R Block over Block selling tax services in franchisees' territories. Block countersued, seeking a court order to terminate franchisee agreements when existing franchise contracts expired, and won.

Franchises and Federal, State, and Common Law

Federal law and common law provide little to no protection in general to franchisees. State laws vary and can be interpreted in multiple ways. Work with a franchisee attorney before signing any franchise contract. He or she can spot potential risks before you find yourself stuck in an agreement that is detrimental to you.

When Should You Contact a Licensing Lawyer?

When you sell licensed products (such as a product with a sports team's logo on it), you generally have to pay an advance royalty as well as ongoing royalties. The advance royalty is a flat amount paid up front, and ongoing royalties are a percentage of your sales. An attorney can help you understand the royalty terms of a licensing contract before you commit yourself to the contract.

You Have Developed Intellectual Property from Federally Funded Research

If you invent a product arising from federally funded research, the 1980 Bayh-Dole law may apply. This law gives universities and other organizations intellectual property control over inventions and other types of intellectual property developed from federally funded research. This law gives preference to universities, businesses, and nonprofits over the federal government when pursuing patents.

You Are a Software Developer

If you are a software developer, you know how easy it is to pirate software and you want to protect yourself. You should contact a licensing lawyer early in the software development process to make sure that your rights as a software developer are protected at every stage. If you believe someone has stolen your intellectual property, you should contact a licensing attorney immediately.
You Are an Artist Who Believes Someone May Have Stolen Your Work

If you believe someone has stolen your written work, illegally reproduced a work of art you created, or used music you wrote without your permission, you need to speak with an attorney with experience in copyright law. Copyright law is designed to protect your intellectual property, and your lawyer can advise you as to how to pursue legal recourse.

You Are Creating a New Company Logo

If you are developing a new logo, it's a good idea to speak with a trademark lawyer before you go public with it. You're not allowed to create an image that is similar enough to an existing trademark to cause confusion. For example, you cannot create a logo consisting of a red background and white script that looks like the Coca-Cola logo for your product. Speak to a licensing attorney up front so that you can minimize the risk of trademark problems.

Franchisee Attorneys Start Your Franchise Experience off Right

Before You Purchase a Franchise Franchise law firms help people make sound franchise investments while helping them understand legal vulnerabilities that can arise with franchise ownership. If you work with a franchise attorney before purchasing your franchise, you have a much better chance of your franchise being successful. Franchise attorneys take a long view, helping clients foresee potential legal problems and head them off before they can occur. Regulatory, Business Plan, and Contract Review One of the most important things franchise lawyers do is performing a regulatory review of the franchisor. By learning about past or pending complaints against a franchisor, your franchise lawyer can help you choose a franchise wisely. By reviewing your business plan, your franchise attorney can point out vulnerabilities and potential legal problems. He or she will thoroughly review your franchise contract before you sign it and make sure you understand it. Funding, Costs, and Income Franchises can be terrific business opportunities, and franchise law firms can go over your funding, cost, and income projections to help you determine exactly how much money you need to get started and to understand the various methods of raising capital, whether it's borrowing from family, using savings, or selling off investments. Another great service provided by trusted franchisee attorneys is helping you calculate anticipated income realistically so there are fewer surprises down the road Risk-Benefit Assessment Franchise attorneys can help you find a competent accountant to prepare income and expense statements for your proposed franchise, using all financial data available. Experienced franchise lawyers can also provide general franchise guidance about common questions such as how long franchise terms last, what royalties are standard, and what kind of reputation the franchisor has if possible. Knowledge is power, and nowhere is this truer than when purchasing a franchise. Franchise Litigation Franchise litigation can sometimes be avoided by engaging competent legal help from the beginning, but when litigation occurs, an experienced franchise attorney is there to protect your rights by working to stop wrongful franchise terminations and determining whether you have grounds for suing your franchisor. If you're the defendant in a franchise lawsuit, he or she should aggressively defend your rights in court.

The Business Litigation Lawyer and Your Long Term Business Plan

Contact a Commercial Litigation Attorney Before You Have a Legal Problem Billions of dollars per year change hands due to business litigation disputes. When you run a business, you have to anticipate unforeseen circumstances, and one way to prepare yourself is to contact a business litigation lawyer before you have a legal problem. Whether you run a small professional business or a huge multinational corporation you're wise to have legal representation on your side so you'll be prepared if a legal problem arises. Breach of Contract Cases Breach of contract cases are exactly what they sound like: cases where someone has not lived up to the terms of a business contract. Every state has rules for contract interpretation, and your best approach to protecting your rights is engaging a competent, experienced commercial litigation attorney. Examples of contracts that may be breached include construction contracts, vendor agreements, partnership agreements, and real estate contracts. Franchise Litigation Franchise cases occur between franchisors and franchisees and often have to do with disclosure (or nondisclosure) of information under Federal Trade Commission franchise regulations. Franchise cases often focus on breaches of franchise agreements, trademark or copyright infringement, fraud, and sales of unregistered franchises. If you plan to purchase a franchise, having the guidance of a franchise attorney can save you a lot of legal headaches. Fraud and Misrepresentation Business professionals, business owners, and ordinary consumers may be victims of business fraud. Business fraud may involve fraud between multiple businesses, or it may involve a business-consumer relationship. Breach of warranty, investment fraud, partnership disputes, and real estate fraud are all examples of fraud and misrepresentation. You need competent legal representation to protect your rights whether you are a plaintiff or a defendant. Business Disputes Business disputes can often be solved without resorting to litigation. And when a lawsuit is filed, the case may well be resolved before going to trial. The key to navigating any type of business dispute is working with experienced, competent business litigators who know the law inside and out. Your business is a big part of your life, and you deserve the best possible representation in a business dispute.

Does a Small Business Need an Intellectual Property Lawyer?

Intellectual Property in the News Intellectual property is a subject that makes the news frequently these days. Whether it's Apple versus Samsung, or a case with a much lower profile, courtrooms are seeing an increase in intellectual property cases. The fact is business success today depends heavily on intellectual property, including branding and trademarks. If you're in business, you have a stake in intellectual property rights, whether you know it or not. Startup Businesses and Intellectual Property Many successful startups today are built on software innovations, but even if your new business isn't tech-related, you owe it to yourself and your investors to have an intellectual property lawyer review your business methods to determine whether any are patentable. There are time limits for filing patents, and the process can be expensive. However, in some cases obtaining a patent can be critical to your success. Speaking with an intellectual property attorney early in the life of your business can be a wise move. The "Useful, Concrete, and Tangible" Definition Before 1998, the U.S. Patent and Trademark Office didn't grant patents for business methods, but they do now. Today, with new online and software companies coming up with completely new ways of doing business, this is an important protection. Patent laws protect any method as long as the method creates a "useful, concrete, and tangible" result. An example of a patented business method would be Amazon's single-click ordering system. Costs of Patenting Business Methods The cost of obtaining a patent must be weighed against the benefits. While you can obtain a patent without an intellectual property attorney, the time and effort involved can be prohibitive for someone with a business to run. With a patent attorney, costs can run to several thousand dollars. However, speaking with an attorney is highly advisable if you think you have a business method to patent. Protecting Your Intellectual Property If you own a business built on your own intellectual property, it's important that you learn the value of things like non-disclosure agreements and methods to search out patent and copyright infringers. Working with a lawyer from the beginning is the best way to ensure that your intellectual property rights are protected.

You May Need an Intellectual Property Lawyer and Not Know It

Intellectual property includes creations that are unique and provide an economic benefit. Some examples of intellectual property include: • Designs • Inventions • Original written works • Trade secrets Protecting intellectual property is essential to business success, and different types of intellectual property are covered by different laws. Speak with an intellectual property attorney to find out how to preserve your economic interests by protecting your intellectual property. Patents If your business creates a product, process, or method that is unique and economically beneficial, you want to keep enjoying the competitive advantage that your product or process confers, and you can do so by patenting it. If you hold the patent to a product or method, you can stop others from using your process or making your invention for a certain number of years. Obtaining a patent is complex, and working with an intellectual property lawyer is highly advisable. Copyrights Copyrights provide protection for original musical, literary, and dramatic works, plus audio recordings, video recordings, and other types of creative works in a tangible medium. Using the copyright symbol should be standard practice for authors of creative works. You do not have to file for copyright protection, but doing so will make it easier to enforce your copyright should a legal challenge arise. Trademarks When you trademark your product, you prevent other businesses from selling something with the same name. For example, you cannot create a product and start calling it "Coca Cola." Trademark law protects you from unfair business practices and protects consumers from being deceived or confused. If your business sells a service rather than a product, you may obtain a servicemark instead of a trademark. An intellectual property attorney can help you register your trademark or servicemark. Software Patents and Copyrights Software is subject to both copyright and patent protection. Obtaining a patent for software is timely and expensive, but provides broader rights to the patent holder. Obtaining a copyright is easier, but the software protection under copyright law is narrower. Work with an attorney specializing in intellectual property to determine which course of action is best for your situation.

How Can a Franchise Lawyer Help Your Franchise Succeed?

A franchise is often the biggest investment a person makes, so it is critical that potential franchisees thoroughly research the franchise they're considering buying. Franchise law firms have experience in reviewing and interpreting Franchise Disclosure Documents (FDDs) and other associated documentation. Your lawyer should thoroughly review the FDD and the franchise agreement and should apprise you of any potential legal or business issues you should be aware of. Breach of Contract Cases If a franchisor fails to provide promised training or support, changes the business format, or invokes new requirements, the franchisor may be guilty of breach of contract. When this occurs, you may suffer any number of consequences as a franchisee. In some cases, breach of contract allows you to get out of the franchise agreement, or be awarded damages. An experienced franchise lawyer will help you determine the best way to proceed. Franchise Encroachment Cases If your franchisor invades your territory by, for example, placing new franchise units unreasonably close to yours, the franchisor may be guilt of encroachment. This practice is becoming more common, but depending on how your franchise agreement is structured and what is in your FDD, you may be able to stop your franchisor from encroaching or recover damages if encroachment has already occurred. Even if your franchise does not have a designated territory, you are entitled to protection against predatory encroachment. Fraud and Misrepresentation Cases Fraud is serious business, and if your franchisor did not deliver the franchise you thought you were buying, you could have a claim for fraud or misrepresentation. Franchisors may use claims of high profits to get you to buy a franchise, falsely tell you they have a proprietary product or service, or deliver a system that is different from what you thought you were buying. Franchise law firms pursue cases of franchisor fraud, and franchisees may recover damages from the franchisor and sometimes from its owners and officers. No matter the size of the franchise investment you're considering, investing in the help of an experienced franchise lawyer up front can mean the difference between business success and unforeseen and complex legal problems.

Make a Commercial Litigation Attorney Part of Your Long Term Business Plan

The Federal Trade Commission (FTC) regulates the sale of franchises in the United States. Franchisors have to furnish potential franchisees with a Franchise Disclosure Document, or FDD. This document contains information about the franchisor, the business, and the relationship between franchisor and franchisee. The FDD is the potential franchisee's most important document. A good commercial litigation lawyer knows how to interpret and review an FDD, helping franchisees make smart choices. Examples of Franchise Law Disputes Franchise law disputes routinely handled by top commercial litigation attorneys cover these and other areas of franchise law: • Sale of unregistered franchises • Trademark and copyright infringement • Registration and disclosure violations • Breach of contract • Franchise class action suits Having an experienced commercial litigation attorney on your side is absolutely essential to your success as a franchisee. Complex Business Litigation: Is There Any Other Kind? In the 21st century business environment there's almost no such thing as a simple and straightforward business litigation case. Often, cases that start out "simple" rapidly become complex due to factors like • Multiple defendants and / or plaintiffs • Legal issues in "gray areas" of the law • Potential large damages and commercial injury Make sure your commercial litigation lawyer doesn't shy away from complicated business litigation cases. He or she should have access to business specialists who are able to put their experience to work for you and work tirelessly for the best possible outcome for you, the client. Trademark and Intellectual Property Law Trademark and intellectual property law is only expected to grow more prominent as the information age progresses. Business litigation lawyers with experience in trademark and copyright cases are invaluable as you help your business grow in the 21st century. Licensing and Distribution Disputes Closely related to trademark and intellectual property law, licensing and development law addresses development and documentation for licensing products as well as intangible property rights. Any type of business can find itself in the midst of a licensing or distribution dispute, and experienced legal counsel is essential to successfully settling the matter.

How Can Franchise Lawyers Help You?

By Helping You Understand Your Franchise Contract Licensing law is at the heart of every franchise agreement, because the franchisee will be using trademarked logos and business names. When trade secrets are involved, contracts have to be written very carefully due to the differing degree of legal protection afforded to trade secrets compared to that for trademarks and patents. Franchise attorneys help their clients understand what is in a franchise agreement they want to enter into. By Advising You if You Have Legal Trouble Sometimes franchisors change the terms and conditions in their contracts, and these changes can cause problems for franchisees. For example, a simple change requiring franchises to locate in areas with commercial / retail zoning rather than commercial zoning can prompt franchisees in commercial zones to wonder if they need to relocate. Franchise lawyers help in such cases with negotiations or the obtaining of exceptions to new terms. By Helping in Cases of Franchisor Fraud Depending on which state a franchisee is located in, franchisees may have the right to sue franchisors if they believe the franchisor has acted fraudulently. In such cases, it is critical that plaintiffs have the counsel of experienced, skilled franchise attorneys to make sure their rights are protected and to give them the best chance of success in litigation. By Advising You on Exposure to Liability Before signing any franchise agreement, a potential franchisee should go over a franchise agreement with a franchise attorney and find out if he or she will be exposed to liability that may not be obvious. An experienced franchise lawyer will have an extensive understanding of case law involving franchises and can advise you to potential pitfalls of entering into a particular franchise agreement. By Saving You from Expensive Mistakes While franchising can be a terrific opportunity to run a business, it is absolutely essential that a franchisee understands potential consequences of certain business decisions. Unwittingly violating a part of a franchise agreement can be very expensive, and it is important not to take chances. Working with a franchise lawyer before there is a problem is the best way to prevent problems later.

When a Business Litigation Attorney is Your Best Choice

All Businesses Are Affected by Legal Issues You may think that you don't really need the services of a business litigation attorney because you run a small business that doesn't deal with things like hazardous jobs, complicated financing, or exposure to legal risk. But the truth is, any type of business can be affected by legal issues, and you don't want to be caught scrambling for legal representation after being presented with a lawsuit. Common Types of Business Lawsuits Lawsuits can arise from just about any type of business relationship. You could face a dispute over financing, or with a construction contractor when expanding your facilities. Other common types of business lawsuits include: • Intellectual property disputes • Franchise contract disagreements • Problems with bank financing • Liability after an on-premises accident Business lawsuits can be extremely complex, and it is essential that you choose a business litigation lawyer with extensive experience and outstanding skill. Business Law and Franchises Franchises are very popular with people who want to run a business without having to find venture capital. But franchise contracts are notoriously complex, and are generally written in favor of the franchisor. Franchisees often have little legal recourse over problems with their franchise. Therefore it's important for anyone who wants to own a franchise to discuss their enterprise with a business litigation lawyer before signing any contracts. Intellectual Property Law Today's business world lives and dies by intellectual property. Whether it's software licensing or lyrics to a corporate jingle, intellectual property law is growing in importance every day. It takes a highly skilled litigator to initiate or defend against intellectual property litigation. Don't settle for legal representation without the necessary skill and experience to deal with an intellectual property dispute. Before You Need Legal Counsel Clearly, the best time to find a litigation attorney is before you need one to defend you in a lawsuit. If you are considering going into business for yourself, make time to locate and speak with a business lawyer. He or she can advise you about exposure to risk in your particular business specialty and can advise you about any contracts you must enter into when you set up your business.

What Does a Licensing Lawyer Do?

They Write Up Licensing Agreements Intellectual property is more prominent in law today than ever before, and intellectual property lawyers are in high demand. If you should, for example, create an image that becomes very popular and then receive requests for using that image on merchandise (such as on a t-shirt or coffee mug), a licensing lawyer can help you create a licensing agreement that protects your rights and allows others to obtain a license to use your image. They Help Clients Understand Licensing Agreement Terms Licensing agreements are hard to understand for most people. If you have tried to decipher a software licensing agreement, you know how complicated they can be. When using licensed items in your business, you need to ensure you do not violate the license agreement, and a licensing attorney can explain to you in plain terms what you can and cannot do legally. They Interpret Intellectual Property Law Intellectual property law is constantly being interpreted in courts, and lawyers on both sides of intellectual property disputes argue before the court about what does and does not constitute fair use of intellectual property. You may not think that this is relevant to your business, but sometimes businesses violate intellectual property law without realizing it, and a licensing attorney helps them know what to do next. They Help Clients Know when a License is Necessary Sometimes it isn't clear when a license is needed. If, for instance, you want to create clothing with a particular saying or image on it, you have to be careful that your design does not encroach on someone else's intellectual property. A lawyer with experience in interpreting licenses and intellectual property law can help you prevent an expensive mistake by advising you about your new product. They Help Clients Who Want to Obtain a Patent If you invent something and want to patent it, a license attorney can help you take the steps you need to obtain your patent. Patent law is also extremely complex, and it's not easy for inventors to go it alone. Licensing law helps you protect your inventions and gives you legal recourse if you should discover that someone has stolen your idea and profited from it.

Hire A Franchise Lawyer And Protect Your Interests

It is important in any business to have someone with legal expertise to help you with business decisions. This is especially true with a franchise. If you have invested into a franchise it is important that you know all of the legal rights that you have, and it’s also important for you to know the rules and contractual obligations that you need to be following. For this reason, contacting a franchise law firm and having franchise lawyers on retainer is a good business decision. Help Understand Franchise Agreements Franchise lawyers can help you to understand the confusing franchise contracts between you and the owners of the franchise. In fact, it is required to have a franchise lawyer be involved in the proceedings when the contract and franchise agreement is first being set up. This is both for the benefit of the owner and the franchisee, to protect both of their interests and make sure that everyone there understands what is happening. Different From Regular Business A franchise law firm specializes in the rules and laws that are involved with a franchise. Because a franchise is an individual ownership of an already established business, it may not be as easy to set up as a regular business. Then again, a regular business requires a business plan and a plan to develop a brand, which as a franchise, you will already have access to. The problem is, though, that franchisee’s have to follow the rules of the business and use specific products and designs in order to keep the brand strong. A franchisee isn’t buying the business; merely leasing the brand for awhile so it is important that he or she sticks with the owner’s instructions for the business and the brand. Protect Your Interests Franchise lawyers

can protect the interests of parties involved in a franchise agreement; whether you are the owner and allowing your name and brand to be leased, or whether you are the franchisee, making an investment to try to make some money off of an already proven business. Contact one today to see how they can help you.

A Commercial Litigation Lawyer Is Helpful For Business

Sometimes problems arise when you own a business, and there is no other option than to get a lawyer involved. This is especially true when disputes arise, and the parties cannot come to an agreement on their own. Many business owners are not quite sure of the legalities involved in some situations, either. A commercial litigation lawyer does, and he or she can help your business when you run into troubles with contracts and property. Help To Protect You And Your Business A commercial litigation lawyer

can help your business with any partnership disputes, and they can help to set up the business as well as disband it. This lawyer can help you deal with problems with securities, with breach of contract, mergers and acquisitions, buy/sell agreements, any business torts or contract litigation, and employment disputes as well as a large amount of other things. Basically a business litigation lawyer can help to protect you and your business when any problems arise, or they can be there to supervise when your business is making a change to ensure that everything is done legally. Keep Lawyer on Retainer It is always good to have a lawyer on retainer to help you in any business needs, especially because he or she will already be familiar with your company and how it is run. Then if a problem comes up, they can have an easier job protecting you and the company. However, if you do not keep a lawyer on retainer, you should hire a business litigation lawyer immediately if you are a party to litigation for any of the following: trademark or copyright infringement, class actions, real estate disputes, government contract disputes, employment contracts, business torts, or liability of officers, directors and employees. Hire A Lawyer When You Start Your Own Business Many things can go wrong in business and mistakes can be made, especially if you are not an expert at business law. This is why you should hire an attorney right away to advise you in business matters when you begin your own business. Your interests will be protected and you can be assured that you are not making any important mistakes.

Truths About Franchises

Some people think that starting a franchise is an easy money-making decision. As long as they have the initial investment, the business can’t go wrong and they can make a lot of money. After all, it’s already a proven formula, right? The business name and brand is popular and trusted – all you have to do is to invest, and the business will pretty much run itself. Franchise Requirements Unfortunately, things aren’t that simple. First, you have to do more than just commit to an initial investment. You have to sign contracts with the franchise owner and submit business plans. The owner does not want their franchise to fail because that would be bad publicity; as a franchisee, there are a lot of things that you need to be aware of. A Lawyer Must Negotiate Contracts For instance, you’ll need to look into franchise law firms. A franchise lawyer is required for franchise agreements, both to protect the rights of the owner and the brand, and also to protect the rights of the franchisee. Many things must be thought of, such as supplies, training materials and contracts, location and clauses in the contract stating that no other franchise may open up in the area of your business. Brand Recognition Most franchises require the business to be run in a specific way. The brand is noticed because of the look of the business, the uniforms, the specific products used, or even slogans or colors used around the place. These things are important and most of the time can’t be changed, because they provide brand recognition. This is the reason that people will come into your store. If you opened up a Subway franchise, and didn’t have the logo or the name outside, you probably wouldn’t get as many customers. And on the other hand, if you opened a Subway franchise and used different types of foods, consumers may not have as much trust in the Subway brand anymore. It’s an agreement that goes both ways. Hire A Franchise Lawyer Franchise law firms can help you if you are looking into buying into a franchise. Hire a franchise lawyer

to help you negotiate and set up your business.

Franchise Lawyers Help You Buy a Franchise

Many people today are looking for opportunities for themselves outside of the corporate world.  Those people don’t want to work for someone else any longer, but instead want a business of their own.  Many of these people choose to buy into a franchise organization and open up a business that way.  One reason for this is because rather than having to start up their own, unproven company, they can build a business based on a proven trademark and have access to existing tools and infrastructures.

Buying a Franchise Is Not As Easy As It Sounds

This almost seems too easy, right?  You already know that the business is successful, so you can just buy into it, open up your own store and people will come, buy your product, and you will make money.  Right?  Well, not exactly.   First, you’ll be taking a pretty big financial risk when buying a franchise, and you won’t be promised any profits.  You will be required to develop a business or marketing plan with the company and before you get your license, you’ll have to determine your start-up costs and required working capital.  In addition, you will want to make sure that no other franchise can be licensed in your territory to take business away from you. A franchise lawyer is necessary during these negotiations with the company. 

Protect Your Interests

If you’re looking to work with a franchise, the very first thing that you should do is to contact a franchise lawyer to help determine what you are getting into and to help protect your interests. Franchise lawyers can help you look at the franchise contracts and make sure that you know all of the rules and laws involved, as well as make sure that you are not being taken advantage of by the company. 

Contact a Franchise Lawyer

Buying a franchise is not as easy as it sounds.  Just because there is a proven, working business model that is successful, it doesn’t mean that you can automatically succeed in it.  Franchise lawyers can help you, though. They will understand what to look for and how to protect your interests, and they can help you negotiate the terms of your franchise contract so you can have the best opportunity to be successful in your new business.

Franchising Attorneys Are Necessary When Buying A Franchise

If you’re looking into opening up a franchise, there are many things that you’ll first need to consider.  Franchising rules can be very strict, and many people are not fully aware of this when they first begin looking into it.  A franchise attorney can help you figure out all of the rules that you need to follow when opening up your franchise.

What Is A Franchise?

When you buy into a franchise, you are paying a company to use their trademark, which is successful and recognized by many customers.  But because you are using their trademark, the company needs to make sure that it is protected.  You can’t open up a franchise and run it inefficiently, or have it look different from the other franchises because that can hurt the company’s brand and trademark.  Franchise attorneys understand the rules that you need to follow, and can help you understand them, too.

What Is Required Of Me If I Buy A Franchise?

Most franchises will require you to follow the standardized rules that have made their trademark famous. For instance, they may have specialized signs and uniforms that you will need to utilize.  They can also have specialized ingredients or supplies that you’ll be required to use. In essence, when you buy into a franchise, you are not fully in control of your business because you have to follow the rules set up by the company. 

Is There A Contract?

These rules will be set out in a contract, and you will be required to develop a business plan based on it before you receive your license. You will also need to understand the start-up costs and working capital that you’ll need, along with other things, such as whether or not the company will allow any other licensed franchises to start up around you, which could potentially cause you to lose business.  This all can seem incredibly confusing and difficult, but there is help available.  Franchise attorneys can help you with the negotiations of your contract with the company to ensure that your interests are protected along with the interests of the company. 

Who Can Help Me With This?

If you are considering buying a franchise, you should contact a franchise attorney first to discuss your options and determine how to best approach the endeavor.

Why You Need a Licensing Attorney

Some of the most well known businesses in the U.S. are franchises.  People buy into the business, giving royalties to the company for use of their trademark, training and services.  This arrangement is sometimes an opportunity to rent or lease a business and not necessarily own one, because a franchise agreement is normally only good for a fixed period of time, which requires renewal.  Franchises can get confusing for people, which is why a licensing lawyer can help.

How Many Franchises Are There?

Some successful franchises in the U.S. include Subway, McDonalds, Great Clips, Dunkin Donuts and 7-Eleven.  These businesses and other franchises provide millions of jobs for people in the United States.

What Do I Do First?

When considering buying into a franchise, you should first contact a licensing lawyer to help you determine several things. First, you will need to have a good feel for the amount of start-up costs that you’ll need, along with an estimate of the required working capital. You will need to know what your obligations will be to the company in order to use their trademark. Even though you’ll be the one taking the risk and using your money to start up the franchise, you’ll be using someone else’s proven trademark and they need to protect that.   For instance, the logos and uniforms that you see employees wear in companies such as Subway or McDonald’s represent their trademark.  In addition to protecting the trademark, you’ll have other duties in a franchise such as purchasing specific materials and supplies in order to protect the brand. 

How Can I Get Help With The Contract?

Because of all of these rules, you will be required to sign a contract in order to use the brand.  This is where a licensing lawyer can really help you.  He or she will be able to explain what is in the contract and what your obligations are, as well as negotiating specifics for your benefit.  For instance, a licensing attorney can make sure that the company does not allow other licensed franchises to open up in a specific area around you, which would cut into your profits.  He or she can also help to ensure that you are getting adequate training from the company, and that the company is protecting you from any trademark infringement.  In short, a licensing lawyer can ensure that you are getting the best deal and making the right decisions for your new business.