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

News

Matthew C. Worthen Joins Preti Flaherty’s Real Estate and Finance Practice Group

Preti Flaherty is pleased to welcome Matthew C. Worthen as a Director in the firm’s Real Estate and Finance Group. Worthen previously served as a Shareholder and Chair of the Real Estate Group at...

Publication

Supreme Court Clarifies Constitutionality of Outdoor Camping Bans

Earlier today the United States Supreme Court issued its decision in the  City of Grants Pass, Oregon v. Johnson et al. , overturning a 2019 decision from the 9 th  Circuit Court, which held...

News

Preti Flaherty Welcomes Trusts and Estates Attorney Dianne Ricardo to the Firm

Preti Flaherty is pleased to announce that Dianne Ricardo has joined the firm’s Trusts & Estates Practice Group. Based out of the firm’s Concord, New Hampshire office, Dianne focuses her practice on comprehensive estate...

Publication

Copyright Litigation: Substantial Similarity

In copyright litigation, courts assess substantial similarity to determine if alleged copying constitutes infringement. This evaluation involves comparing works across different categories using objective measures and subjective impressions to weigh similarities and dissimilarities. Even when...

Publication

What Is the Affirmative Relief Announcement?

On June 18, 2024, President Biden announced  a series of immigration actions  using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States...

News

Preti Flaherty Names Michael S. Smith as Managing Partner

Preti Flaherty announced this week the election of Michael S. Smith as the firm’s new Managing Partner, effective July 15, 2024. He succeeds David Van Slyke, who is resuming his role as chair of...

Publication

Compliance for Two—What Employers Need to Know about the Newly Effective Final Regulation for the Pregnant Workers Fairness Act

On June 18, 2024 the final rule from the U.S. Equal Employment Opportunity Commission (EEOC) implementing the Pregnant Workers Fairness Act (PWFA) takes effect, clarifying employers' obligations under this landmark legislation. Effective since June 27...

Press Coverage

Looking to 'new generation,' Preti Flaherty promotes 42-year-old litigator to managing partner

Effective July 15, Michael S. Smith has been named managing partner of the law firm Preti Flaherty. Michael succeeds David Van Slyke, who will resume his role as chair of the firm’s environmental practice...

Press Coverage

Portland law firm Preti Flaherty unveils renovated HQ space

Preti Flaherty has remodeled its Portland headquarters, spanning three floors and 41,000 square feet at One City Center. The update features hybrid workstations, collaborative areas, and an internal staircase that integrates flexible conference and...

News

10 Preti Attorneys, 6 Practice Groups Honored in National Rankings

Ten Preti Flaherty attorneys and six practice groups have been selected by Chambers USA for inclusion in their premiere annual list of America’s leading lawyers. Preti is recognized for excellence in the practice areas...