Person signing documentArticle

Important Considerations
in Buying a Franchise

I review a lot of franchise disclosure documents (FDDs) for prospective franchisees in various franchise systems. Because I have also drafted FDDs for various franchise systems, I can advise prospective franchisees what is typical in a franchise agreement. It’s important for prospective franchisees to understand that certain provisions go to the heart of the franchise […]

six reason franchisees failArticle

Top Six Reasons why Franchisees Fail

Failure to select a franchise system that will succeed. (See “Top 10 Reasons why Franchise Systems Fail” blog) Failure to do their due diligence with respect to the franchise system and the franchisor’s management. Has the franchisor fully developed the franchise system or does it have a “to be developed” training program or operating manual? […]

Top 10 Reasons why Franchise Systems FailArticle

Top 10 Reasons why Franchise Systems Fail

Failure to have a concept that works or is unique, special or cannot be copied by others. What is the “secret sauce?” Are there any patented products? Is there any proprietary information? Can anyone replicate the business or are there significant barriers to entry? Failure to have a concept that can be copied by others. […]

how to avoid lititgationArticle

How to Avoid Litigation

“The first thing we do, let’s kill all the lawyers.” Shakespeare, Henvy VI Meeting new people at a cocktail party and telling them that I’m a lawyer frequently generates a scowl. The experience that most people have had with lawyers is in connection with their divorce or a lawsuit. In either case, it was rarely […]

baby boomer transitionArticle

Baby Boomer Transitions – Selling Your Business

As a baby boomer, you may be at the point that you are considering the next phase of your life. The media repeatedly report that baby boomers are redefining aging and retirement. That is not surprising. Baby boomers have redefined virtually every stage and aspect of American life throughout the years. Swimming in uncharted waters […]

franchising your businessArticle

Thinking about Franchising Your Business?

As a successful business owner, you probably get approached frequently by people asking you if they can operate a business like yours “back home.” You are probably flattered by the attention and consider how you can help them go into business, for a fee, of course. What you are probably thinking about is called “franchising.” […]

franchising 101Article

Franchising 101

What is a Franchise? What do I have to do to Comply with the Franchise Laws? Why Should I Comply with the Franchise Laws?   What is a franchise? Clients often tell their attorneys “I’m only going to do a license.  I don’t want to do a franchise.”  Although a client may believe what he […]