Franchising is about opportunity, an evolutionary leap forward for your business. It represents a chance, done properly and strategically, to build upon your success, reach new customers, and prosper in untapped markets. Preti Flaherty has one of the largest and most respected Franchise Law practices in New England. Our practice is expansive in scope and ranges from large national franchises to emerging franchises in a variety of industries, from gas cards and business advisory services to engineering services, restaurants, and ice cream shops. The majority of our clients are franchisors, but we also represent multiple outlet and area development franchises on anti-trust, finance, employment, corporate, intellectual property, international, real estate, regulatory, tax, and related matters.

A Regional Reputation with a National Reach

Our Franchise Law attorneys assist clients with structuring their franchise system by preparing Franchise Disclosure Documents (FDDs) in compliance with applicable state, federal, and international disclosure requirements and registering them with the appropriate regulatory authorities. This process includes the creation of franchise, area development, area representative, and related agreements. We can advise clients on a variety of issues that may arise in the franchising process and beyond, including:

  • Trademark availability, registering of trademarks, copywriting proprietary material, and methods of enforcement against infringement
  • Brand positioning and protection
  • Software protection, data privacy, and cybersecurity
  • System expansion, under-reporting, and encroachment concerns
  • Strategic growth opportunities, including mergers & acquisition
  • Supply chain and workforce-related issues
  • Real estate acquisition and property development
  • Franchise dispute resolution, including mediation, arbitration, and litigation

Tim Bryant, chair of the Franchise Law practice group, is listed in Benchmark Litigation, Chambers USA, and Woodward-White's Best Lawyers in America for his work in the area of litigation and is a 2018 entry into the Franchise Times Legal Eagle “Hall of Fame” for his work in the area of franchise law. He has been a guest lecturer on the topic of franchise law at the University of New Hampshire School of Business and speaker at both the ABA Forum on Franchising and International Franchise Association’s Annual Legal Symposium. Tim’s innovative approach to franchise law is noted for his ability to find new, unexpected, and lucrative markets, outlets, and revenue streams for his clients.

Resonant Thinking for Strategic Growth

You hire a firm for a reason. You hire a firm because you want an attorney with skills commensurate to your immediate goals who is backed by the indispensable support of practice groups that can address your future needs, whatever they may be. Our Franchise attorneys draw on the collective power of Preti Flaherty’s vast complement of practice areas to counsel our clients. When necessary, we have experience in all franchise dispute resolution forums, including mediation, arbitration, and litigation. Our litigation attorneys are trial lawyers who tenaciously advocate for our clients until the desired result is achieved.

The decision to franchise your business is not an easy one. It takes a pioneering spirit. With that spirit comes opportunity, and with opportunity comes risk. We know the risks; we know how to anticipate them, prepare for them, and overcome them. We know because we share the same pioneering spirit you do.

Firm Highlights

Publication

Important Updates to American Arbitration Association Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) updated its Construction Industry Rules and Mediation procedures (AAA Rules), effective March 1, 2024, marking the first update since 2015. The updates are important because the AAA Rules are...

News

Attorney Jeffrey Thaler Named to 2024 Lawdragon Green 500: Leaders in Energy Law

Preti Flaherty’s attorney Jeffrey Thaler has been recognized by  Lawdragon  as one of the top 500 Leaders in Energy Law. This is Jeff’s third time named to this prestigious list since the first publication...

News

Preti Attorneys File Suit Against Al-Generated Robocalls in the 2024 NH Presidential Primary

Representing the League of Women Voters of New Hampshire, the League of Women Voters of the United States, and individual voters, Preti Flaherty, with co-counsel, filed a federal lawsuit against Steve Kramer, Lingo Telecom...

News

Benchmark Litigation Names Preti Flaherty 2024 “Maine Firm of the Year"

Benchmark Litigation has named Preti Flaherty as 2024 Litigation Firm of the Year in the State of Maine. Through extensive peer- and- client reviewed research, as well as analysis of casework; the Benchmark Awards...

Publication

Helping Employers Navigate the New Independent Contractor Rule and Compliance Challenges

On March 11 th , the United States Department of Labor’s (DOL) new Independent Contractor Rule goes into effect.  As your organization readies itself for compliance, it’s imperative to scrutinize your independent contractor classifications...

Publication

Failure to Follow Your Contract's Notice Requirements Can be Costly

In Kinetic Systems, Inc. v. IPS-Integrated Projects Services, LLC et. al., No.: 20-cv-1125 (D.N.H. February 6, 2024), the U.S. District Court for the District of New Hampshire granted summary judgment for a general contractor...

Event

Sigmund Schutz to moderate panel at 36th Annual Media and the Law Seminar: Under Attack! Existential Threats to Journalism and Free Speech

From unlawful searches and seizures of newsrooms and highly contentious litigation to physical harassment and calls for violence online, journalists and news organizations are under attack like never before. At the 36 th Annual...

Publication

USCIS Announces H-1B Registration Period for FY2025: New “Beneficiary Centric” Registration Process and Increased Fees

USCIS has recently announced a series of changes that will impact the FY2025 H-1B registration system and cap filing season. H-1B Registration Period and Organizational Accounts As in prior years, under this process, prospective petitioners...

Event

Legal Foundations Lunch and Learn Series: Understanding Indemnity Clauses

Our Legal Foundations Lunch and Learn Series features monthly 30-minute webinars that provide in-depth insights into recent updates, industry trends, and key issues impacting the construction industry. Preti Flaherty attorneys Kenneth Rubinstein and Nicholas...

Event

Hire Education: Best Practices for Onboarding New Employees

As an HR professional, hiring the right talent, addressing employee needs, and managing terminations are just a few of the most challenging problems that arise. During this year's three-part Employment Breakfast Webinar Series, we'll...