Franchise law is unusually challenging. There are many layers when a franchisee licenses the intellectual property of a franchisor to create a turn-key business solution. A commercial law firm must be sensitive to the special aspects of franchise transactions.
The franchise practices laws differ from state to state. For example, many jurisdictions have passed laws that require offering circulars for potential investors. Some have special restrictions that relate to particular industries, such as motor vehicle franchises. Overall, however, the franchise laws generally revolve around three basic questions: (a) who is considered a franchise; (b) what protections and requirements relate to those franchisees; and (c) what are their post-termination rights and obligations?
The Nissenbaum Law Group has both analyzed the language of franchise agreements and handled litigation involving franchise disputes. It welcomes inquiries from either franchisees or franchisors who need legal assistance.
The Nissenbaum Law Group represents its clients with respect to a wide variety of legal challenges confronting franchisees and franchisors, such as the following:
- Are the territories that were promised sufficient for the business to succeed?
- Are the franchise fees, capital and investment requirements and mandatory purchase of products and services reasonable and fair?
- Are the standards for operation of the franchise enforced uniformly?
- Are the non-competition restrictions reasonable?
- Did the initial offering documentation contain full disclosure of pending litigation and potential claims?
- Are the consent to jurisdiction and choice of law clauses appropriate for the franchise?
- Is there an arbitration requirement for resolving disputes between the franchisee and franchisor?
Gary D. Nissenbaum, Esq.
- “Pitfalls in Collecting a Judgment Against Individual Partners of a Partnership”, The Independent Eastern Association of Equipment Lessors, Fall, 1994
- “Stop Look and Listen: Selected Defenses to the New Jersey Frivolous Lawsuit Statute”, 20 Seton Hall Law Review 184, 1989
- “Challenges Ahead for Frivolous Lawsuit Statute”, 124 N.J.L.J. 837, October 5, 1989
Laura J. Magedoff, Esq.
- Panelist, Intellectual Property Protection & Enforcement, New Jersey Bar Association Annual Conference, Atlantic City, NJ, May 2017
- Presented Seminar, Business Contracts A to Z, National Business Institute, Newark, NJ, December 2013
- Presented Seminar, 2014 Trademark Primer: Prosecution & Enforcement Strategies Every Attorney Should Know, NJICLE, New Brunswick, NJ, November 2013
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Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.
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