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.

  • Served as local counsel for our client's acquisition of 11 franchised quick service restaurants located in Alabama. Representation involved advising on numerous real estate issues and certain lease negotiations.
  • 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.
  • 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.
  • Served as counsel in connection with our client's acquisition of 72 franchised restaurants located in the Austin, Texas area. 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, the negotiation of new leases with the seller's principal to avoid acquisition of fee-owned real estate, assistance in the implementation of financing, and coordination of franchisor agreements and requirements.
  • Served as counsel in connection with a hybrid sale of assets and equity by two affiliated clients involving 235 franchised quick-service restaurant properties located in Alabama, Georgia, Tennessee, North Carolina, Kentucky and Virginia. Our work included the coordination of due diligence responses on behalf of the seller, 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 transaction also included a contemporaneous sale-leaseback of 27 fee simple properties, which we negotiated and closed.