This profile and interview with Andrae Marrocco was first published in 1851 Franchise on April 1, 2019.
As part of its annual Franchise Legal Players issue, 1851 Franchise profiled the top franchise lawyers in the field to shine a spotlight on the work they do for the franchise industry.
1851: Tell us about your background and your firm.
Andrae J. Marrocco, Partner and Co-Chair of the Franchise & Distribution Law Group, McMillan LLP: My transactional practice is focused on advising domestic and international businesses on franchise and distribution matters and corporate/M&A transactions. We have particular expertise in complex franchise arrangements, franchise system mergers and acquisitions and cross-border/international transactions. We work with businesses and franchise systems, from start-ups to mature international enterprises, across a broad range of industries including professional services, technology, automotive, restaurant, fitness and healthcare, childcare and education, manufacturing and commercial services.
McMillan frequently presents at Canadian and international franchise conferences and events. We also routinely write for national and international franchise journals and publications. We are active members of various North American franchise organizations and serve on several steering committees.
I have been awarded the “Certified Franchise Executive” designation by the Institute of Certified Franchise Executives and am named on the list of Legal Eagles by Franchise Times. I am pleased to have been recognized by Chambers Canada, Who’s Who Legal: Franchise, Who’s Who Legal: Canada, The Canadian Legal Lexpert Directory, the Lexpert Guide to the Leading U.S./Canada Cross-Border Corporate Lawyers and Best Lawyers in Canada. My literary contributions on the subject of franchise-related mergers and acquisitions have earned me the title of Expert by Getting the Deal Through.
McMillan is a leading Canadian full-service law firm providing exceptional legal services to clients across Canada, the United States and internationally. With globally recognized expertise and leadership, our professionals provide integrated, creative and solutions-oriented legal advice from offices in Toronto, Vancouver, Calgary, Ottawa, Montréal and Hong Kong. McMillan is committed to excellence, quality and client-focused service.
1851: What are some must-ask questions when franchisors and franchisees are vetting potential franchise attorneys?
Marrocco: I actually wrote an article directly on this point.
1851: In broad terms, do you have a particular case that stands out to you as an industry learning experience?
Marrocco: There are several cases that have been learning experiences, but no specific one stands out that way.
1851: What is the most rewarding aspect of your work?
Marrocco: What’s most rewarding is working with franchisors across multiple industries, across numerous borders and on a range of transactions—most notably, franchise mergers and acquisitions.
1851: What are your top concerns for the franchise industry in the next year?
Marrocco: I am concerned by the ever-increasing regulation on non-franchise specific areas of law (e.g. privacy law), common (joint) employer issues and out-of-date franchise agreements.
1851: What are you most optimistic about in the franchise industry in the next year?
Marrocco: Franchising is a growing and maturing sector. There is increased franchise merger and acquisition activity, and more complex arrangements and more sophisticated players are being drawn to the area.