Compliance, including antitrust, licensing and franchising

When saddled with ever-changing and ever-expanding laws and regulations — most notably the Sarbanes-Oxley Act — how can a company ensure it is in compliance and managing risk? Our attorneys leverage practical experience and understanding to help our clients stay in compliance with and ahead of these requirements.

Where there are businesses, there are concerns about competitors. As a result, antitrust matters and compliance issues are key to businesses’ competitive advantages. Porter Wright represents clients in transaction reviews by the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, various state attorneys general and merger control authorities outside the United States. We also are adept at confronting antitrust issues outside the merger context and regularly advise clients on pricing and distribution matters, and civil and criminal government investigations in the United States, Europe and other jurisdictions.

With the release of new franchise regulations and growing complexities inherent in the franchise relationship, business owners need strong legal counsel to protect their interests while they build their business. At Porter Wright, we have a strong history of representing businesses that have expanded their marketing reach both nationally and internationally through franchising, licensing trademarks and other intellectual property. We have advised clients on how and when to franchise, financing considerations, real estate issues, licensing issues and marketing questions. The firm counsels franchise clients in antitrust compliance, trade regulation, trademark and intellectual property protection, and termination of franchises/dealerships. For both U.S. and international franchising, we have prepared master franchise agreements and area development agreements. Other services to franchise clients include:

  • Helping franchise clients understand and evaluate disclosure documents and legal commitments
  • Identifying disclosure issues that impact franchise clients
  • Analyzing franchise materials from various industries

Our representation extends to both franchisors and franchisees, vendors and suppliers, sellers and landlords of real estate, and franchise lenders and other financing sources. Our clients range from manufacturers, professional service providers and automotive dealerships, to fast food, retail and hotel industry services.