Franchising & Distribution

Sonnenschein’s Franchising & Distribution Practice integrates lawyers from several of our firm’s practice areas:  Corporate, Litigation, Antitrust and Intellectual Property.  Well-recognized for its ability to combine legal knowledge and solutions with a detailed, practical understanding of the businesses with which it deals, the practice is involved in all aspects of franchising, distribution and licensing, both domestically and internationally.  Long-standing relationships with major franchising and distribution companies, manufacturers and suppliers, food services, the hotel and lodging industry, real estate brokerage firms, window manufacturers, pharmacies, water treatment enterprises and retail sales, all provide Sonnenschein attorneys with a broad perspective on franchise and distribution operations.

Our lawyers bring winning legal strategies based on more than 30 years of experience as leaders in counseling clients on franchising and distribution matters, whether statutory or common law.  Our franchise clients often rely on us for every aspect of their business, including corporate transactions, franchise regulatory services, dispute resolution, licensing, intellectual property and e-commerce.  Many of our lawyers are prominently involved in activities of the ABA Forum on Franchising, the ABA Antitrust Section, the International Franchise Association, the International Bar Association and other organizations.  Alan Silberman and Robert Joseph (Chicago) are past Chairs of the Section of Antitrust Law of the American Bar Association.  Rochelle Spandorf (Los Angeles) is a former Chair of the ABA Forum on Franchising and has twice chaired The State Bar of California Franchise Law Committee.  John Baer (Chicago) recently served on the Governing Committee of the ABA Forum on Franchising and is Secretary of  the International Bar Association's Franchising Committee, Chair of the Illinois Attorney General’s Franchise Advisory Board and Editor of the CCH Sales Representative Law Guide.  Carol Anne Been (Chicago) is currently a member of the Governing Committee of the ABA Forum on Franchising.

Other lawyers, including Belinda May (St. Louis), Stephen Rovak (St. Louis), Robert King (Chicago),  John Koski (Chicago), Reid Ashinoff (New York), Curtis Woods (Kansas City), Ed Marquette (Kansas City) and Stafford Matthews (San Francisco) are nationally and internationally recognized authorities in these areas as well.  Mr. Rovak is a Fellow in both the American College of Trial Lawyers and the International Academy of Trial Lawyers, and has an extensive trial practice, focusing on franchise, intellectual property, and general commercial disputes.  Mr. King, a widely respected commercial litigator with more than 25 years of trial and appellate experience in state and federal courts nationwide, concentrates his practice in franchise, antitrust and intellectual property litigation, as well as class action defense work.

Messrs. Silberman, Joseph, Baer and Rovak, and Ms. Spandorf are included in An International Who’s Who of Business Lawyers, Franchise (2008), and the firm’s Franchising & Distribution Practice and several of its lawyers are highly ranked in Chambers USA (2007) and in Chambers Global (2008).

Capabilities

Sonnenschein attorneys regularly advise, prepare documents, and negotiate and litigate on behalf of clients in all fundamental areas in franchising.   We:

• Develop concepts and plans for new distribution and franchising arrangements, modify existing franchise systems, and structure new franchise programs;
• Develop and negotiate transactions that implement distribution and franchising arrangements on a national and international basis;
• Represent clients in litigation, arbitration and mediation involving franchise, distribution and licensing disputes;
• Prepare franchise disclosure documents for franchisors and register them in the 14 states requiring some type of registration or filing;
• Prepare domestic and international agency, sales representative and licensing agreements;
• Assist with acquisition or sale of franchising companies and their integration into existing franchise or distribution operations;
• Assist clients with electronic commerce issues involving franchising and distribution;
• Structure documents and procedures to comply with federal and state law and regulations;
• Development and enforcement of  operational standards, manuals, procedures and customer relations practices;
• Help clients navigate the inspection and audit rights and reporting responsibilities;
• Recommend pricing strategies, review pricing practices, sales and promotion programs, and advertising practices;
• Assist with trademark and copyright issues;
• Handle bankruptcy and reorganization of distributorship and franchise programs; and 
• Resolve default and termination issues.