Franchise & Distribution

Our experience includes advising franchisors and franchisees on federal and state disclosure requirements, as well as assisting franchisors in navigating state franchise and business opportunity registration processes. We coordinate and maintain multi-state franchise registrations, renewals and amendments for clients in a variety of industries, as well as consult with franchisors that want to grow their brand internationally.   We also assist franchisors and franchisees in various issues that arise during their daily operations, including, among other things, employment issues, vendor contract negotiations, leases and real estate matters.  We have also been involved in numerous acquisitions involving multi-unit franchise operators.  As part of our representation, we advise in all aspects of the transaction including negotiation of the acquisition documents, due diligence issues related to operating a franchised business, real estate matters and brand negotiations.

Franchisors, as well as their sales representatives and franchisees, also rely on Burr & Forman for the preparation, defense, and enforcement of their agreements. Our attorneys assist clients in understanding and enforcing their rights and obligations under state relationship laws affecting dealerships, distributorships, and franchises. The firm also represents several clients on a national basis in franchise, dealership and manufacturer’s representative termination suits.

 

Our comprehensive experience includes:

  • Drafting and Negotiating Franchise and Other Brand Agreements
  • Federal and State Disclosure Requirements
  • Franchise Acquisitions
  • Intellectual Property and Trademarks
  • Labor and Employment
  • Litigation
  • Real Estate
  • Wrongful Termination of Franchise
  • Supply Agreements

Our Attorneys

Jeffrey Baker
Partner ~ Birmingham, Alabama|
(205) 458-5279
(205) 244-5601
Jeffrey
Edward Brown
Partner ~ Atlanta, Georgia|
(404) 685-4292
(404) 214-7947
Edward
Edward Christian
Partner ~ Birmingham, Alabama|
(205) 458-5155
Cell: (205) 902-6874
(205) 244-5620
Edward
Jennifer Dean
Associate ~ Birmingham, Alabama|
(205) 458-5419
(205) 244-5647
Jennifer
Robert Lockwood
Partner ~ Atlanta, Georgia|
(404) 685-4269
(404) 214-7952
Robert
April Mason
Partner ~ Birmingham, Alabama|
(205) 458-5459
(205) 244-5747
April
Norman Orr
Partner ~ Birmingham, Alabama|
(205) 458-5142
(205) 224-9453
Norman

Experience Matters

Brief sentence defining representative matters.

  • Represented Franchisor of regional concept in preparing FDD, Franchise Agreement and other agreements with Franchisees and negotiations with initial Franchisee.
  • Represented a local restaurant chain including 19 locations in the sale to a private equity. Our representation included all aspects of the transaction, including drafting and negotiation of the definitive agreements, rollover equity agreements, employment agreements, franchise issues and minority owner repurchases. Subsequent to the sale, we continued to represent the company with respect to franchisee repurchases, employment matters, financing and other general corporate matters.
  • Represented franchisee in negotiation of Area Development Agreement and Franchise Agreement for regional concept. Representation included review of FDD and negotiation of Area Development Agreement and Franchise Agreement.
  • Served as counsel in connection with our client's acquisition, and subsequent disposition, of 62 franchised restaurant properties located in Illinois and Missouri. Our work included the coordination and analysis of due diligence, the review of all existing leases to determine material provisions and landlord consent rights, the negotiation of landlord consents in connection with transaction approval, assistance in the implementation of financing, and coordination of franchisor agreements and requirements. The sale transaction also included a contemporaneous sale-leaseback of 13 fee simple properties, which we negotiated and closed.
  • Represented a private equity purchaser of a large quick service franchisee operating 200+ locations. Representation included all aspects of the acquisition, including due diligence, franchise review, franchise approval process, negotiation of the definitive agreement, co-investor agreements, rollover equity agreements and employment matters. We have also continued to represent this client in subsequent acquisitions of additional locations as well as employment and other general corporate matters.