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Kimberlee
(Kim)
I.
McCullough
| Partner
Chair of Franchising & Distribution Industry Group
Kim McCullough, a partner in the Franchising & Distribution industry group, has more than 25 years of experience representing franchisors with respect to compliance with franchise registration and disclosure laws, franchisor-franchisee relations, international expansion, mergers and acquisitions, general business matters and trademark issues. She represents numerous franchisors operating nationwide and in foreign countries, within a wide variety of market segments such as restaurant, automotive aftermarket, professional services, retail consumer products, real estate and business-to-business services, as well as companies with alternative licensing and distribution networks and private equity funds and other investors in franchise concepts.
Representative Transactions
- Corporate and franchise representation of snack food franchisor from development phase to 250 franchises and during acquisition by a major multi-concept food franchisor
- Developed computer reseller program for a franchise company, then assisted in completion of a $57 million merger transaction with two other computer hardware franchisors and continued representation of surviving company during its growth to over $3.5 billion in systemwide revenues
- Structured national and regional advertising funds and cooperatives for major national and international franchisors
- Full-service representation of national quick-lube franchisor for 20+ years
- Structured alternative distribution and licensing systems for not-for-profit companies in areas of entrepreneurial training and foster children support programs and for-profit companies in various industries
- Implemented programs for reacquisition of franchises or discontinuation of franchise programs for vending companies and two major restaurant systems
- Restructure of area and unit franchise programs for 3,000+ unit international fast-food franchisor, for 400+ unit packaging and shipping franchisor and 200 unit candy franchisor
Speaking Engagements and Publications for the Franchise Industry
Frequent speaking engagements and publications for continuing education events for the International Franchise Association (IFA), IFA Legal Symposiums, CLE International, National Business Institute and ABA Forum Committee on Franchising, on topics including franchise disclosure and registration, alternative distribution arrangements, annual franchise law updates, legal developments in e-commerce, hidden franchises, developing a franchise program for a franchisor, vicarious liability developments and techniques for minimizing the risks, franchise transfers, informal dispute resolution techniques and enforcing covenants not to compete.
Professional Recognition
Professional Leadership
- American Bar Association, Forum Committee on Franchising; International Law Section
- ABA Forum on Franchising Publications Committee, 2003 - 2006
- Colorado Bar Association, Franchise Law Section
- Denver Bar Association
Related Employment
- Smith McCullough, P.C., Denver, Partner, 1996 - 2000
- Hopper & Kanouff, Denver, Partner, 1987 - 1996
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- University of Colorado School of Law, J.D., 1981
- University of Oregon, B.S., Phi Beta Kappa, 1977
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Colorado
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