Franchise & Licensing

The Franchise and Licensing Industry Group at Clark Hill is made up of experienced lawyers representing clients involved in all aspects of franchising, licensing, dealership and direct selling for the distribution of goods and services, both domestically and internationally.

With the challenging market conditions of today’s economy weighing heavily on resources and hundreds of concepts and systems promoted every year that provide unique risks and opportunities, there is little room for error. You want a legal team that is committed and experienced on your side.

Clark Hill’s no-nonsense approach is intended to achieve efficient practical legal solutions and protections to give your business the best chance of success. Over the years, the firm has earned a national reputation for quality representation of franchisors, licensors, motor vehicle manufacturers, direct sellers, and product distributors from start-ups to multinational corporations.

We have represented businesses in a wide variety of industries, including: restaurant, automotive, health and beauty, building products and services, clothing and accessories, food and beverage distribution, decorative products, computer-related products and services, hospitality, printing and photography, rental purchase businesses, and other retail businesses and services.

Whether starting your first venture, or expanding into new markets, we take pride in building success stories one location at a time.

Our experience spans:

  • Franchise Structuring and Developing Distribution Systems
  • Franchise Disclosure, Registrations and Offering Circulars
  • Enforcement, Work-Out and Collections
  • Licensing, Franchise, Dealership, Co-Branding, Distribution, Area Representation, Sub-Franchise, Development and other agreements
  • Commercial Litigation
  • Compliance with State and Federal Regulations
  • Corporate Structuring
  • Mergers and Acquisitions
  • Employment & Labor
  • Trademark Infringement
  • Trademark / Trade Name Registration
  • Product Liability
  • Leasing, Site Development and Real Property Sales
  • Capital Structuring and Financing
  • State & Local Taxation
  • Environmental Law
  • Partnership Issues
  • Securities Issues
  • Supply Systems
  • Dealer Qualification Issues
  • Antitrust and Trade Regulation
  • Importation, Exportation and Transportation
  • Encroachment, Non-Renewal, Termination and Transfer

Experience

Franchise Law and Litigation - Litigated antitrust claims against franchisors.

Franchise Law and Litigation - Litigated/defended franchisor in suit brought against the franchisor by franchisee for alleged breach/violation of the applicable franchise agreement.

Franchise Law and Litigation - Successfully defended franchisor against litigation brought by Pennsylvania Attorney General for alleged violations of the Consumer Protection Act.

Franchise Law and Litigation - Litigated franchisees’ rights against franchisor.

Franchise Law and Litigation - Pursued franchisor's rights against franchisee.

Franchise Law and Litigation - Negotiated terms of franchise agreements.

Successfully represented mall developer in multi-million dollar contract and tort action against shopping center chain involving real estate disputes, lease disputes, intentional interference claims and related contract and tort claims. Jury Trial, Johnstown, Pennsylvania