Franchise

Donahue Fitzgerald has one of the leading franchise practices in California. We represent franchisors, including traditional and quick service restaurant concepts, children’s programs, retail businesses, and real estate brokerage companies.

On behalf of our clients, we provide annual regulatory compliance services like Franchise Disclosure Document maintenance and exemption guidance, and ongoing business advice regarding structuring or restructuring franchise systems, loyalty programs, and major promotions. We are experts in sales and renewal issues, handling disputes, defaults, terminations, and franchisee bankruptcy filings. Our clients’ franchise systems extend nationwide and in some cases internationally. For many of our clients we act as outside general counsel, providing advice regarding every aspect of their business from their key trademark assets to their real estate and tax concerns.

We also counsel franchisees in connection with the acquisition of a franchise or sale of their franchised businesses. Some of our franchisee clients include restaurant area developers and multi-unit owners, specialty retailers, after-market businesses, and business-to-business service providers.

Two of the most common scenarios with which we have substantial experience are businesses that do not want to franchise, but may inadvertently have become an “accidental franchise,” and small businesses unsure whether franchising is right for them. If you are dealing with either situation, we recommend a consultation to discuss your situation.