Ted Pearce's practice is primarily focused on franchising. Prior to joining Bradley, he spent 30 years managing the legal affairs of large global franchise systems, including Meineke Car Care Centers Inc., MAACO Auto Painting, and Econo Lube & Tune.
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Most people think they know a franchise when they see one, but oftentimes franchise relationships may disguise themselves as a trademark license or as a distribution agreement. If in fact these relationships satisfy the definition of a franchise, what are the implications to the respective parties?
This workshop will explore the benefits and burdens of entering into a franchise relationship and how to identify the definitional requirements that trigger a franchise relationship, coupled with any safe harbors from compliance obligations that may be available to would-be franchisors.
Key topics to be discussed:
Date: May 19, 2023
Theodore P. Pearce | Bradley Arant Boult Cummings LLP
Ted Pearce’s practice is primarily focused on franchising. Prior to joining Bradley, he spent 30 years managing the legal affairs of large global franchise systems, including Meineke Car Care Centers Inc., MAACO Auto Painting, and Econo Lube & Tune. In his capacity as general counsel for these iconic brands, he handled a variety of litigation and transactional matters, including landmark litigation matters defining the legal relationship between the franchisor and franchisee, and the ability of a franchisor to recover future royalties upon a franchisee’s termination of their franchise agreement.
Ted has handled a variety of transactional matters for franchise systems, including preparation and registration of all franchise disclosure documents, a variety of franchise-related agreements, and managing the real estate portfolio for Meineke, MAACO, and Econo Lube. He has also participated in a variety of financial transactions involving the purchase and sale of franchise systems by both private equity groups and strategic purchasers.
Regarded for his practical application of franchise law, Ted focuses his efforts on transactional matters affecting both the franchisor and the franchisee. His practice includes working to bring new franchise concepts to market, while at the same time assisting franchisees in navigating the franchise relationship. He also works with private equity groups to assist them in due diligence efforts in evaluating proposed purchases of franchise systems.
I. What presale compliance requirements must be undertaken before a lawful franchise relationship may be created? | 12:00pm – 12:30pm
II. What are the risks to a franchisor for failing to comply with franchise regulations? | 12:30pm – 1:00pm
Break | 1:00pm – 1:10pm
III. Once the franchise relationship is created, what are the ongoing responsibilities of both parties? | 1:10pm – 1:25pm
IV. What international franchise laws are implicated in cross-border franchise relationships? | 1:25pm – 1:40pm