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Practice Area

Franchise & Direct Selling

Strategic counsel for franchisors and franchisees navigating complex franchise, distribution, and direct selling relationships

Share and Download Franchise & Direct Selling

Friday, Eldredge & Clark advises franchisors, franchisees, manufacturers, and distributors on all aspects of franchising and direct selling, from structuring franchise and distribution systems to managing ongoing contractual relationships. Our attorneys handle transactional issues, compliance, and system growth with a focus on protecting brand value, territories, and long-term business objectives.

When disputes arise, we develop pre-litigation strategies to manage risk, preserve market share, and protect goodwill. If litigation or arbitration becomes necessary, our trial lawyers are prepared to act quickly in high-stakes matters involving termination, encroachment, exclusivity, fraud, non-compete agreements, misappropriation of trade secrets, and breaches of franchise or distribution agreements.

 

Areas of Focus

Transactional

Our transactional lawyers have represented both franchisors and franchisees in all aspects of establishing franchises and the many related issues that both parties to a franchise agreement must address. We also have the knowledge and experience to handle all transactional issues that either franchisors or franchisees will face during the course of the franchise relationship.

Pre-Litigation

Our trial lawyers work closely with the firm’s transactional team in developing pre-litigation strategies when problems arise in the franchise relationship. From the perspective of the franchisor, such planning is crucial to maintain market share and goodwill during the extended course of litigation. For the franchisee, pre-planning for litigation may be vital to the franchisee’s continued existence. We understand the issues that both franchisors and franchisees will face as the complicated issues of the Arkansas Franchise Practices Act are litigated.

Litigation

When litigation does occur, whether planned or not, the firm’s trial lawyers are prepared to handle your case. Quick and decisive action is often required in franchise litigation, and the stakes are high. Whether you face issues of termination, bankruptcy, encroachment, exclusivity, fraud, misappropriation of trade secrets, non-competition agreements or breach of contract, our experience has prepared us to give you the exceptional service you need. 

Summary
  • Counsel for Both Franchisors and Franchisees: Representing manufacturers, franchisors, distributors, and franchisees to address issues from all sides of the relationship.
  • Transactional Franchise Support: Structuring and documenting franchise and distribution agreements that support growth, manage risk, and protect brand and territory rights.
  • Pre-Litigation Strategy: Developing early, practical strategies to address franchise disputes, manage exposure, and navigate the Arkansas Franchise Practices Act.
  • Litigation and Arbitration Experience: Handling high-stakes disputes involving termination, encroachment, exclusivity, fraud, trade secrets, and non-compete enforcement in court and arbitration.
  • Business-Focused Approach: Tailoring advice to the competitive realities of franchising and direct selling so clients can protect systems, relationships, and market position.
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