Following was originally posted on the Dallas Bar Association site. by Kat Tidd A franchise is not a magic word, it is a legal definition: license a trademark or permit substantial association with the trademark or trade name; accept payment of consideration; and provide significant assistance, control or other forms of ongoing support or a […]
MUST FRANCHISE ATTORNEYS PICK SIDES?
Recently I could not resist jumping in on what turned into a debate on the right way to practice franchise law. Long story short, a colleague maintained that in franchising, attorneys have to “pick a side.” The franchise lawyer/litigator claimed one could either represent franchisors, or one could represent franchisees–but never both without, apparently, being […]