US Franchise Law Attorney

Significant and exciting potential exists for franchisees in international franchising. It is important, however, for a potential franchisee to seek domestic and foreign legal assistance in evaluating foreign and U.S. franchise law issues before entering into an international franchise relationship.

I am international and U.S. franchise law attorney Mario L. Herman. I have more than 20 years of experience assisting current, former, and prospective franchisees of an existing system to consider all factors prior to entering into an international franchise relationship. Contact me to discuss franchise advantages in addition to avoiding potential pitfalls.

The U.S. Federal Trade Commission's Trade Regulation Rule 436 on Franchising defines "commerce" broadly and can assist courts in resolving disputes between international franchisors and franchisees. Such disputes may involve deceptive misrepresentations of a franchise by a franchisor, a franchisor not divulging that they've declared bankruptcy in the past, or a franchisor not naming others who are involved in the franchise.

It is important for prospective franchisees to be aware of and understand such laws which include U.S. federal and state statutes and regulations, laws of the foreign nations where the franchise will be located, and even any bilateral or multilateral treaties which may apply.

There are many rules and regulations concerning U.S. franchise law, some requiring franchisors to provide a prospective franchisee pre-sale disclosure. In addition, international franchising is affected by a wide range of laws, including those which relate to trademark, antitrust, contract, tax, and technology transfer issues, currency control, foreign investment, import and export restrictions, and dispute resolution.

Contact me, Mario L. Herman, to discuss U.S. franchise law and international franchise regulation.