Contact

Leonard (Len) H. MacPhee

PHONE: 303.291.2307
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Franchising & Distribution

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Overview

Perkins Coie’s Franchising & Distribution group represents clients in the areas of franchising, licensing and distribution litigation.  We handle all aspects of franchise-related disputes, both in court and in arbitration and mediation proceedings.  The firm is a member of the IFA’s Supplier Forum.  Our services focus on Franchise Litigation and Arbitration, as well as serving numerous other franchisor legal needs, including State and Local Taxation, Employment Litigation and Counseling, Real Estate, Trademark and Copyright. Because we are backed by a full-service international law firm, we are able to coordinate securities, corporate, contract, real estate, litigation, employment and other matters in providing a franchisor with full-service legal advice in addition to specific franchisor-franchisee matters. With offices across the country, we also serve as local counsel in complex litigation cases for numerous out-of-state franchisors.

Franchise Litigation & Arbitration

We represent franchisors of all sizes and maturity in various lines of business in all aspects of litigation.  Franchise issues that our litigators handle regularly include royalty, termination, nonrenewal, trademark, trade dress and trade secret issues, covenants not to compete, encroachment, distribution, antitrust, fraud and disclosure, as well as claims asserted for violations of state and federal regulations, the implied covenant of good faith and fair dealing, and alleged fiduciary obligations.

State & Local Taxation

The franchise relationship can increase the franchisor’s exposure to state and local taxes in the jurisdictions where its franchisees do business, and may impact both the franchisor’s and franchisees’ obligations to collect and remit sales taxes in other states. We provide a full range of services from tax planning (assisting clients in structuring their businesses to minimize their tax costs and exposures) to helping clients with audits and resolving their tax disputes.

Employment Litigation & Counseling

Our Labor & Employment lawyers have experience assisting franchisors and franchisees in a number of issues relevant to their business, including equal employment law, wrongful termination disputes, wage and hour matters, ADA compliance, employer policy manuals, and non-disclosure/non-compete agreements. We represent franchise clients in litigation matters, including class actions, and provide counseling on a wide-range of employment-related issues. We also have considerable experience in traditional labor issues and union avoidance counseling.

Trademark & Copyright

We provide complete services in the trademark and copyright areas, from registration and licensing to litigation. We work with an extensive network of foreign trademark agents to provide worldwide registration and enforcement of trademarks and service marks.