Franchise

Practice Contacts

Kenn W. Webb
Partner
214.969.1549
Stephen F. Fink
Senior Counsel
214.969.1120
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Thompson & Knight lawyers regularly provide general business counsel - including the preparation and negotiation of franchise contracts, distribution agreements, and related documents - in their domestic and international commercial practices. Our attorneys are also engaged in the resolution of franchise disputes through formal or informal settlement negotiation, mediation, arbitration, and conventional litigation in state and federal courts.

Our attorneys maintain memberships in the American Bar Association Forum on Franchising and the ABA Intellectual Property Law Section. A senior attorney at Thompson & Knight is a former Chair of the Texas State Bar Association Intellectual Property Section's Committee on Franchise and Distribution Law and also was Chair of the Section on Franchising of the Dallas Bar Association, and served as Trustee of the Section from 1990 to 1997. Another senior attorney in our Trial Department has served as Treasurer, Secretary, and Council Member for the Section on Franchise and Distribution Law of the Dallas Bar Association.

Trial Experience

Thompson & Knight attorneys provide comprehensive representation and litigation counsel to franchisors, franchisees, and franchisee associations. Many clients come to us with lawsuits and other franchise-related disputes, and we have on multiple occasions succeeded in obtaining injunctive relief for de-identification, protection of intellectual property, and enforcement of noncompete covenants. In many instances, through artful negotiation, we have been able to achieve a client's desired end result without the necessity of even filing suit to obtain the injunctive relief, thereby saving the significant costs associated with these proceedings.

We have been involved in the litigation of matters involving collection of royalties, termination and non-renewal, encroachment claims, supplier restrictions, and other antitrust claims.

Transactional Experience

Thompson & Knight attorneys represent franchisors, franchisees, franchising organizations, distributors, and multi-level distribution systems in:

  • Acquisitions and sales
  • Mergers and other business combinations
  • Contract drafting and negotiation
  • Corporate organizational restructuring
  • State and federal tax questions
  • Distribution
  • State and federal tax counsel
  • Real estate purchase, sale, and lease negotiation
  • Labor and employment
  • Analysis, preparation, revision, and renewal of franchise disclosure documents
  • Investment solicitations and opportunities
  • Intellectual asset protection and management
  • Marketing and advertising
  • Franchise law compliance
  • Service relationship arrangements
  • Private placements and public offerings of debt and equity

Our clients' industries include oil and gas companies, convenience stores, aircraft manufacturers, motor vehicle dealers, food and beverage producers, restaurants and fast food services, agri-business, childcare centers, automotive parts and suppliers, medical practices, athletic footwear, textile and clothing manufacturers, institutional services, telecommunications, and sports theme and general retail merchandise operations.