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Franchise Law

One of the most dynamic and exciting growth vehicles in today’s economy, franchising involves a challenging and complicated area of law. Both sellers and buyers of franchises find themselves in murky waters. Partnering with an experienced franchise lawyer who understands the complexities, opportunities, and dangers associated with franchise law is critical to their ability to navigate through these waters.

The Ross Law Firm provides counseling to franchisees (and prospective franchisees) so that they have all the information necessary to evaluate franchise opportunities and make informed decisions. The Firm works closely with clients to make sure that their legal rights and responsibilities are fully understood. Counseling in this area includes:

• reviewing offering circulars
• reviewing and interpreting franchise agreements
• negotiating franchise agreements (Contrary to what you may have been told, some aspects of the agreement are indeed subject to negotiation.)

Dave Ross is published in the area of the franchise agreements.

		IN THE CLIENT'S OWN WORDS: David took the time to thoroughly review my entire franchise agreement and suggest a number of things that we needed to change. Where the franchisor would not accept those changes, David helped me understand the risks. He did a terrific job negotiating with the franchisor and got me almost everything that we wanted included in my agreement. I really felt like David worked extremely hard on my behalf. I would definitely recommend his services. – J.S., Baltimore, MD

In addition, the Ross Law Firm’s skill and experience in the areas of business law, employment law, business litigation and employment-related litigation enables the Firm to provide comprehensive, full-service representation to start-up or existing franchisees. This encompasses the following:

• advice concerning the appropriate business entity
• establishing the business entity (e.g., corporation or limited liability company)
• providing guidance through the start-up’s growth and franchise progressions
• lease negotiations
• advising buyers or sellers of existing franchises
• reviewing, drafting, and negotiating buy-sell agreements
• advice on an ongoing, “outside counsel” basis for day-to-day business matters
• business transactional services and related litigation
• employment law matters and related litigation
• franchise compliance issues

In this connection, Mr. Ross recently addressed the American Association of Franchisees and Dealers (AAFD) on human resources and employment issues that franchisees can face as a result of specific clauses in the franchise agreement.

Franchise-Related Litigation & Dispute Resolution

Mr. Ross has represented franchisees in litigation against some of the nation's largest and most powerful hotel, restaurant, and retail franchisors. He has appeared in state and federal courts throughout the country, litigating and arbitrating a variety of franchise law issues, including the following:

• franchise terminations
• protected territories
• encroachment
• quality assurance
• franchisor fraud
• covenants not to compete
• statutory disclosure requirements
• unfair trade practices

The Ross Law Firm also works to protect its clients' interests and to resolve franchise-related disputes through:

• Settlement negotiations (before or after filing suit) and
• Representation at mediation.

Remember: Not every franchise lawyer is a litigator; some lawyers who practice in the area of franchise law can assist with agreements but are compelled to refer your case out to a litigator in the event that a dispute arises. When that occurs, the new litigation counsel will need to come up to speed on the issues in your case, and may not even be particularly knowledgeable about or experienced in franchise law in general. The Ross Law Firm, however, offers both franchise law and franchise-related litigation experience. In the event that your franchise becomes involved in or threatened with a lawsuit, you will have the benefit of the continuity of your representation by a franchise attorney who is already intimately familiar with your franchise business, and who is also a seasoned litigator with a track record of having been successful in lawsuits fought against the “Goliaths” among franchisors.

Dave Ross is a member of the American Association of Franchisees and Dealers (“AAFD”), Maryland State Bar Association Committee on Franchising, and the American Bar Association Forum on Franchising.

Please contact us for more information on how the Ross Law Firm can protect your interests and align with you toward the growth, stability, and success of your franchise.

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