Franchisors, Franchisees, Distributors,Licensing ,Dealers,Routes
We represent clients in all franchisees and distributor transactions. Do you need assistance reviewing your Federal Disclosure documents, Dealer Agreements ? Route Sales Agreements ? Licensing ? Sale of your Franchise or Route Sale ?
We advise clients regarding the preparation of franchise disclosure documents, franchise agreements, Seller Assisted Marketing Plan (Business Opportunity) documents and registrations, exemption filings, franchise law compliance, franchise transfers, business sales and acquisitions, licensing agreements, and contract negotiations. We have prepared international Distributor agreements for clients who export and ship International their products . and have assisted clients with collection of payments and the protection of their trademarks.
We advise Mississippi franchisees, distributors,Route Salesman and Dealers about constructive termination by Franchisors or Manufacturers
•Improper disclosure
•Fraud and misrepresentation during the sale of the franchise
•Improper or inappropriate changes to the franchise policy that have a material adverse affect on the franchisees
•Permitting the opening of franchise or company owned offices that are too close to existing franchisees and impact their ability to do business
•Breach of the franchise agreement or implied duty of good faith and fair dealing
•Improper termination of a franchisee and Route Sales Distributorship
•Improper refusal to renew a franchisee and the remedies available for wrongful termination including loss of goodwill of the business, loss of profits, costs of good and services, intellectual property rights and the actual value of the amount expended in the acquisition of the premises and fitting of the premises and equipment to the extent they are no longer reasonably useful to the franchisee, and wrongful taking of territory
We have represented franchisor’s against franchisees involving :
•Failure to report transactions
•Failure to pay royalty fees
•Failure to pay marketing fees
•Alleged damage to the goodwill of the brand
•Failure to comply with post termination obligations
•Violations of trademark law .
We are also in a position to offer franchise clients advice on all aspects of real estate and counseling on general business matters. Michael G. Prestia attorney is an active member of the Franchise Forum of the American Bar Association. Michael G. Prestia Attorney has represented Manufacturers involving contract and termination disputes with foreign distributors in over 200 countries.