For decades, purchasing a franchised business has been a popular way to become a business owner.  Prospective franchisees can choose from several thousand proven and successful franchised business concepts.  Franchising can also be an appropriate way for the owners of a proven independent business model to expand into new markets while reducing the risks and capital expenditures inherent in expanding via new company-owned outlets.  Franchising can thus offer both the franchisee and the franchisor a way to minimize the risks associated with business ownership, while preserving the substantial economic incentives inherent in business ownership.

During his career, Scott has represented more than 150 clients in all aspects of franchise law.  He regularly counsels and advises prospective franchisees about the unique legal issues presented by franchised business opportunities.  He reviews franchise disclosure documents and agreements and makes sure the prospective franchisee understands its obligations and those of the franchisor under these documents.  The experience Scott has gained from reviewing and analyzing many different franchise system agreements enables him to efficiently spot issues in these agreements and suggest appropriate modifications.

In addition, the law can impose significant limitations or restrictions on a franchisor’s conduct that may not be apparent from the face of the franchise agreement.  Scott ensures that prospective franchisees understand their rights and obligations both under the franchise agreement and the law.  He can also help his clients select and form an appropriate business entity and ownership structure for the franchisee’s business to minimize personal liability.  He also typically reviews any necessary leases and employment agreements for his franchise clients.

Scott also assists business owners considering franchising to expand their operations, and he serves as counsel to established franchised businesses.

Occasionally, disputes or disagreements arise involving franchised businesses.  Scott has extensive experience counseling clients and, where necessary, litigating disputes involving franchises.  Typical examples of such matters are franchise termination actions, legal actions concerning non-compete covenants, the misuse of intellectual property, and issues concerning proprietary or confidential business information.

Finally, Scott has extensive experience in assisting both prospective franchisees and existing franchise owners in the in purchase or sale of an existing franchised business.  For more information on Scott’s business law and business transaction experience, see Business Law and Business Transactions.