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


Maine Workers’ Compensation New Year Update 2023

The new year brings proposed legislation, an update to the Medical Fee Schedule, and two recent decisions from the Appellate Division. Proposed Legislation Workers’ compensation bill LD 53 (HP 28) would amend 39-A M.R.S.A...


Attorney Jeffrey Thaler Named to 2023 Lawdragon Green 500: Leaders in Energy Law

For the second time, Preti Flaherty attorney Jeffrey Thaler has been recognized by the esteemed legal publication Lawdragon as an elite practitioner in the field of energy law. Jeff is the only Maine-base lawyer...

Press Coverage

Authorities Refuse to Release Records for Maine School Shooter Hoax Calls

On November 15, 2022, multiple law enforcement agencies in Maine received false calls alerting police to active shooter situations at several high schools throughout the state. In the wake of this widespread hoax, the Kennebec...

Press Coverage

What’s Inside Maine Freight Trains? Public Can Only Hazard a Guess

Due to an exemption from the state's Freedom of Access Act, Maine residents are prevented from reviewing information regarding the transportation through their communities via freight trains of potentially hazardous materials. Rail industry officials...


Benchmark Litigation Names Preti Flaherty 2023 “Maine Firm of the Year”

Benchmark Litigation has named Preti Flaherty as 2023 Litigation Firm of the Year in the State of Maine. The Benchmark Awards honor distinguished litigators and law firms in all 50 states and 10 practice...


Jeff Talbert to Moderate Panel on PFAS Regulatory Action at ABA Toxic Torts & Environmental Law Conference

Jeff Talbert, Chair of Preti Flaherty's Environmental Law Group, will moderate "Regulatory Action: History & Horizon" at the ABA Toxic Torts & Environmental Law Conference. This panel will discuss the 2016 EPA health advisory, the...


Enforcers Make It Easy to Report Cartels

This article was originally published in the American Bar Association  Antitrust Newsletter  on February 8, 2023.  Did you know that global competition enforcers have easy-to-find websites to encourage reporting of anticompetitive conduct? Not only...


Bodie Colwell will be a Featured Panelist at ABI Annual Spring Meeting

Bodie Colwell will be a featured panelist on "Danger Ahead! Avoiding and Addressing Ethical Landmines in Attorney Engagement and Compensation" at the American Bankruptcy Institute's Annual Spring Meeting. The panel focuses on disputes regarding engagement...


FY2024 H-1B Registration Fact Sheet for Employers

Registration Process To file H-1B petitions subject to the FY2024 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about...


Maine Lawyers and Judges Once Again Show Overwhelming Support of Campaign for Justice

2022 proved to be another challenging year for Mainers. Skyrocketing inflation, an uncertain economic future, an ongoing housing crisis and more factors continue to push more at-risk individuals into a tight spot. Maine’s civil...