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

Event

Ken Rubinstein to Present at Boston Bar Association Brown Bag Lunch

2019 AIA A133 CM at Risk with a Guaranteed Maximum Price – Updates You Should Be Aware Of Ken Rubinstein will present an update on the provisions and implications of the new AIA form...

Publication

Maine WC Alert: Updated Version of Notice of Controversy (WCB-9) Must Be Used Effective February 1, 2020

Following the recent statutory changes to the Workers’ Compensation Act, the Maine Workers’ Compensation Board has updated the language in Box 22 of the Notice of Controversy. This new version should be used as...

News

David B. Van Slyke Named Preti Flaherty Managing Partner

Preti Flaherty is pleased to announce that, in a unanimous vote, the firm’s partnership has elected attorney David B. Van Slyke as its incoming Managing Partner. David is one of the preeminent environmental lawyers...

News

Preti Flaherty Attorney Benjamin S. Piper Promoted to Partner

Preti Flaherty is pleased to announce that the firm’s partnership has named attorney Benjamin S. Piper as a partner. Ben is a member of the firm's Environmental, Litigation, and Media Law Practice Groups and works...

Event

Tony Manhart and Jason Howe Present Top Ten Construction Contract Tips for ABC of Maine

As part of the Associated Builders and Contractors (ABC) of Maine Contractor Series, Preti Flaherty attorneys Tony Manhart and Jason Howe will present the Top Ten tips for AIA contracts. ABC is a national association with 72...

Publication

Maine WC Appellate Division Addresses Refusal of Suitable Work and Notice

The Maine Workers' Compensation Appellate Division recently addressed cases dealing with refusal of suitable work and notice. Both decisions rely heavily on the specific facts of each case. In the context of a refusal...

Publication

Maine WC Alert: MAE Unit Publishes Guidance on Compliance with Recent Amendments

The Maine Workers’ Compensation Board’s Monitoring, Audit & Enforcement Unit has issued a document to provide guidance on complying with certain recent amendments to the Workers’ Compensation Act in P.L. 2019, c. 344 (LD...

Publication

Bankruptcy Alert: Significant Implications of the New Small Business Reorganization Act of 2019

Small Business Reorganization Act of 2019 (H.R. 3311) On August 23, 2019, President Trump signed the Small Business Reorganization Act of 2019 (H.R. 3311) (the “SBRA”) into law.  Lenders should be aware of the...

News

Preti Flaherty Welcomes Government Relations Liaison Andrew I. Roth-Wells to the Firm

Preti Flaherty is pleased to announce that Andrew I. Roth-Wells has joined the firm as a Government Relations Liaison. Andrew will help manage legislative and regulatory advocacy efforts for the firm’s Government Affairs Team...

Press Coverage

Bangor superintendent blocked BDN reporter on Twitter after critical news coverage

In an apparent violation of the First Amendment, Bangor schools superintendent Betsy Webb temporarily blocked a journalist on Twitter following a report that news of a student suicide was announced over the loudspeaker at...