Franchise Law
Decades of experience working with the franchise model — drafting, registering, and defending the systems entrepreneurs build their futures on.
Franchising lets an entrepreneur turn a proven business model into a network. It also demands specialized legal knowledge of FTC regulations, NASAA standards, and the case law that governs the franchisor–franchisee relationship. Kilcommons Law has stood on both sides of that relationship.
For Franchisors
- Drafting FDDs compliant with FTC regulations and NASAA standards
- Preparation for the most stringent state registration examinations
- Strategy consultations for building the franchise system
- Systems documentation
For Franchisees
- FDD review and plain-English explanation
- Negotiating revisions to franchise terms
- Entity formation (LLC or corporation)
- Commercial lease review
- Buy and sell franchise unit transactions
- Franchise exit and termination strategy
Disputes & ADR
- Mediation by a certified mediator (NJ Court Rule 1:40)
- Arbitration advocacy
- Litigation in state and federal courts
Where Do You Sit in the System? Franchisee or Franchisor?
The franchise law advice you need depends on which side of the agreement you are seated.
Franchisor
Drafting an FDD that satisfies FTC regulations and NASAA standards, strategy for building the system, and preparation for the most exacting state registration examiners.
Franchisee
Independent counsel before you sign: a flat-fee FDD review, plain-English advice on the risks and restrictions, and negotiation of the terms worth changing.
Franchise Mediation
Mediation by a certified mediator under NJ Court Rule 1:40 — resolving the dispute early, before litigation drains both sides of the agreement.