Franchise Law

Skilled Franchise Attorneys in Nebraska and Nationwide

Putting Our Franchise and Business Experience To Work for You

We have more than 70 years of experience as a full-service law firm providing legal counsel to franchisors and franchisees in various industries. We assist franchisors and franchisees in negotiating franchise agreements and renewals as well as handling other issues which arise during the franchise relationship:

  • Franchisor Disclosure Document and other regulatory filings
  • Franchise negotiations and renewals
  • Registration and protection of trademarks or other intellectual property rights
  • Registration of franchises in other states
  • Uniform Franchise Offering Circulars
  • Handling of acquisitions or divestitures of locations for franchised businesses
  • Representing franchisors or franchisees in dispute resolution through Mediation or litigation

Counseling Franchise Clients - Franchisees

Business people understand the relationship between franchisors and franchisees is not one of equals. This is true throughout the term of the franchise contract, however, the franchisee does have rights!

Franchise agreements are typically one-sided documents, drafted by and for the benefit of the franchisor. They provide the franchisee with few rights and, because of the inequity in size between the two parties, even less power to enforce those rights.

Selecting a franchise requires a great deal of effort and research. Before deciding to purchase a franchise, consult with an attorney who can counsel you on the following:

  • Understanding Franchising
  • Selecting and Investigating Franchises
  • Reviewing and Analyzing the Franchise Disclosure Document (FDD) and Registration Documents
  • Negotiating Franchise Agreements
  • Site Selection and Preparation
  • Agreements with Other Parties
  • Legal Review of Franchisee's Operations
  • Monitoring Franchisor's Performance
  • Termination
  • Nonrenewal
  • Constructive Termination
  • Avoidance of Contractual Obligations
    • Modifications
    • Waiver
    • Estoppel
    • Statute of Frauds
    • Promissory Estoppel
    • Other Grounds for Avoidance
  • Assisting the franchisee, its general counsel, and/or its primary outside lawyers on matters which can be handled more efficiently and economically by a firm with a experience in franchise law.
  • Providing services to prospective franchisees, existing franchisees, multi-unit franchisees, area developers, master or sub-franchisors, and franchisee associations relating to day-to-day franchise and business law counseling, review (and drafting for master or sub-franchisors) of FDDs and related agreements; licensing and contracting agreements, asset and stock purchase transactions, employment and independent contractor issues, third-party vendor agreements; leasing matters, system expansion, as well as general franchise and business structuring and financing matters; among other areas.

Additional items to consider before deciding to buy a franchise are:

  • Cost: Starting a franchise requires a substantial cash investment, not only for the franchise fee but also for the premises, equipment and initial working capital.
  • Restrictions: The franchisee will be required to follow the franchisor's operational requirements, which usually include every aspect and how the business is run. The restrictions of being a franchisee can sometimes clash with the independence of many true entrepreneurs.
  • Success: Franchised businesses are in many respects like any other businesses; some are good and some are bad. Franchised businesses are also vulnerable to the same economic trends as other businesses. The fact that a business is franchised does not guarantee success or eliminate risk.

Counseling Franchise Clients - Franchisors

Our firm provides services relating to day-to-day franchise and business law counseling, assist with drafting Franchise Disclosure Documents (FDD) and related agreements, licensing and contracting agreements, asset and stock purchase transactions, leasing matters, confidentiality and non-compete agreements, consulting and independent contractor agreements, system expansion, as well as franchise and business structuring, advising businesses desiring to expand through franchise and distributions systems, and compliance and regulatory issues.

We will work with you and your already established franchise lawyers or your general counsel and assist with matters that can be handled more economically and efficiently by a smaller law firm with knowledge of franchise law.

  • Deciding Whether to Franchise
  • Determining if the Business Concept can be Franchised
  • Launching Franchise Program
  • Developing Effective Compliance Programs
  • Termination and Nonrenewal
  • Negotiating Changes in Franchise Agreement
  • Post-termination
  • Enforcement:
    • Prohibited Acts
    • Agency Investigation and Enforcement
    • Agency Actions in Court
    • Private Right of Action
    • Criminal Penalties
    • Persons Liable

Abrahams Kaslow & Cassman LLP will assist you in determining whether to franchise your business or to purchase an existing franchise. Call 1-402-392-1250 to learn more about franchise opportunities or you may e-mail John W. Herdzina.

IFA International Franchise Association Supplier Forum