Franchise Law:
Franchise law is the area of law revolving around the right or license that is granted to an individual or group to market a company's goods or services in a particular territory under the company's trademark, trade name, or service mark.

Franchising in the United States is governed by federal law administered by the Federal Trade Commission (FTC) and by a variety of state statutes. Franchise laws differ greatly from state to state. The following are a few examples of some of the differences:

• Some states have rather strict franchise regulations others do not. For example California, Hawaii, Illinois, New York, Rhode Island have enacted "franchise registration" statutes governing sales practices.
• Other states, including Florida, Georgia, Iowa, Kentucky and North Carolina regulate franchising through "business opportunity" acts. And a few states, such as Connecticut, Michigan, Minnesota and South Dakota have both.
• Maryland, Arkansas, California, Illinois, Iowa, Minnesota and some other states have laws regulating termination and non-renewals of agreements.
• Proposed ads must be pre-approved in California Illinois, Indiana, and Maryland prior to publication.

These are just a few examples of how franchise laws differ from state to state. If you plan on operating a franchise, it's in your best interest to deal with an attorney who specifically specializes in franchising and has particular expertise with your state's laws before getting started to help minimize losses and possible failure.

Definition of a Franchise:
A franchise is a retail outlet owned by independent, third party operators through which a company distributes its products or services. The independent operator does business using the marketing methods, trademarked goods and services and the "goodwill" and name recognition developed by the company. In exchange, the independent operator pays an initial fee and royalties to the owner of the franchise.

The company that grants the independent operator the right to distribute its trademarks, products, or techniques is known as the franchiser. The independent, third party business person distributing the franchiser's products or services through retail or service outlets is called the franchisee.

The Importance of Skilled Legal Guidance:
Whether or not you are currently faced with or involved with a legal issue, a franchise attorney provides highly valuable services including, but not limited to:

• Provide legal guidance and advice on whether to franchise or pursue other means of distribution and growth.
• Provide legal guidance and insight on growing your franchise or distribution systems domestically and internationally, and wherever opportunity may be present.
• Provide legal counsel on multi-unit ownership and co-branding.
• Provide a variety of transactional, litigation and dispute resolution services.
• Representation of area developers and representatives, sub-franchisors, multi-unit and single-unit franchisees, licensees, dealers, distributors, and independent franchisee associations in transactional, litigation and dispute resolution matters.

If you or someone you know needs the assistance of an experienced New York Franchise Law Attorney, call Richard L. Rosen today at 866-666-0785, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know needs the assistance of an experienced New York Franchise Law Attorney, call Richard L. Rosen today at 866-666-0785, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Richard L. Rosen Law Firm, PLLC
110 E. 59th Street
New York, NY 10022
Telephone: 866-666-0785
Fax: 212-644-3344

MEMBERS OF THE FIRM:

Richard L. Rosen
Richard Rosen was admitted to the practice of law in New York State in 1968. Since 1972, Richard has also been admitted to practice in the Federal District Courts, Southern and Eastern Districts of New York. For three decades, Richard L. Rosen has practiced law in the areas of corporate transactions, real estate, trust and estate planning and franchise work, representing franchisors, franchisees and franchisee associations.

Richard is a member of the American Bar Association (Franchising Committee, Anti-Trust Division); the New York State Bar Association (Franchise Law Committee); and the Legal Steering Committee and Fair Franchising Standards Committee of the American Association of Franchisees and Dealers. Richard has delivered lectures on corporate, real estate and estate planning matters and is a frequent lecturer on franchise topics and issues. He is a real estate developer and consultant; a licensed real estate broker and is listed in both Who's Who in American Law and Who's Who in America as well as various other similar publications.