- Restraining OrderIn addition, we regularly enforce our client’s trademark and intellectual property rights through trademark opposition and cancellation proceedings at the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB†) and through federal court infringement actions including obtaining temporary restraining orders and preliminary injunctive relief.
- Money LaunderingSeveral aspects of U.S. law will also govern any sale or operation of an international franchise. Although applicable generally, the requirements of U.S. anti-terrorism laws can take on added prominence when contemplating and concluding an international transaction. A violation of these laws does not have to be purposeful or knowing to result in legal problems for the franchisor, and officers and directors of a company in prohibited transaction are personally liable. Accordingly, we strongly recommend that our clients engage a company to perform a comprehensive background check on the parties on the other side of the transaction. You should obtain a background check on each prospective franchisee, partner or investor to ensure that you comply with the USA Patriot Act and Executive Order 13224. Moreover, The USA Patriot Act requires various entities to implement anti-money laundering procedures and to observe certain reporting and record keeping requirements.
- Corporate LawJoyAnn’s practice is primarily dedicated to franchise law, representing franchise clients in connection with transactional, regulatory compliance, and litigation matters. JoyAnn has extensive experience in representing a full array of franchisors, from emerging franchise concepts to mature brands and has served her clients across the entire spectrum of franchise issues. JoyAnn counsels brands on the development of franchise programs, inclusive of corporate structuring and drafting disclosure documents; multi-unit expansion strategies; financial performance representations; regulatory compliance, including franchise registration; trademark registration and intellectual property protection; exit strategies; and vendor and supplier relationships. JoyAnn actively represents franchise clients in federal and state litigation and dispute resolution matters. JoyAnn previously served as in-house counsel to The Tinder Box International, Ltd. and Vino 100, two affiliated franchise brands, for over eight years personally handling all legal matters, inclusive of transactional, regulatory compliance and litigation matters. In addition to her representation of clients in the franchise industry, JoyAnn represents and advises independent business owners regarding corporate formation, organizational structure, contract negotiation, and mergers and acquisitions. JoyAnn’s personal attention to matters, passion for detail, and client commitment render JoyAnn an invaluable asset to her clients.
- Mergers and Acquisitions
- Business DisputesWe represent clients through the litigated, arbitrated or mediated enforcement of their contractual undertakings. In addition to franchise litigating matters in various state and federal courts around the country, we are particularly adept in using franchise litigation and mediation as offensive mechanisms to achieve an early resolution of disputes. In recognizing that all business disputes have a maximum value, we give advice calculated to bring about or compel a prompt resolution without the need for an expensive trial to resolve the issues.
- Business TransactionsDaniel joined Fisher Zucker in 2022 and focuses his practice primarily on franchise-related business transactions, including drafting franchise disclosure documents and franchise agreements. Daniel also advises clients on day-to-day legal issues that arise in the franchise context, including merger and acquisition, default, termination, and transfer.
- Intellectual Property
- Wrongful TerminationFrank’s practice concentrates on litigation and alternative dispute resolution in franchise matters, regulatory compliance, and franchise transactions. Frank’s litigation practice includes enforcement of post-termination obligations such as a franchisee’s non-compete covenants and de-identification obligations, and intellectual property disputes, mainly related to trademark infringement matters. Frank also specializes in representing franchisors in landlord-tenant matters and frequently litigates eviction actions of behalf of franchisors that also act as the franchisee’s landlords. In addition to representing franchisors, Frank has also represented several multi-unit franchisees in wrongful termination disputes. Frank is the former General Counsel for the franchise company H20 to Go, LLC.
- Landlord-Tenant Disputes
- Tax LawFinally, various and complex tax issues may arise in international franchising, including the target countries’ withholding taxes on initial and on-going fees and other income streams, duties and sales or Value Added Tax on imports, sales or supplies of goods or services, the availability of tax treaty relief, and possible stamp duties payable on contracts, which will affect the contractual arrangement, as will the U.S. tax treatment of the franchisor.