Franchise & Distribution Law

Negotiating Critical Representations and Warranties in Franchise Mergers and Acquisitions – Part II

aba-forum-on-franchisingFranchise systems present a valuable investment proposition for both strategic and financial purchasers. Entrepreneurs seeking out their next business venture, manufacturers in need of a distribution network for their products or services, and competitors looking to take advantage of synergies, economies of scale, expanded offerings, or growing market share – in each case – can achieve those investment goals through the acquisition of a franchise system. Private equity firms are attracted by the robust, diversified, and continuous royalty streams; the proven (often internationally) business model; the potential for organic and rapid growth (without significant capital investment); and the goodwill and strength of an established brand that franchise systems can provide. Continue reading

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Franchise & Distribution Law

Andrae Marrocco Presents on Franchise M&A at the 16th Annual OBA Franchise Law Conference

2016franchiseconference_1300x731_v21Andrae Marrocco presented on the topic “The Purchase and Sale of Franchises and Franchise Systems” at the Ontario Bar Association 16th Annual Franchise Law Conference “Beyond the Basics: In-Depth and Cross-Disciplinary Topics in Franchise Law” in Toronto – November 17, 2016. Continue reading

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Franchise & Distribution Law

Negotiating Critical Representations and Warranties in Franchise Mergers and Acquisitions – Part I

aba-forum-on-franchisingSince the height of the financial crisis in 2008, the merger and acquisition deal flow has been patchy and fragmented. M&A activity has recently increased notably with 2015 marking the United States’ most profitable merger market since the financial crisis. According to global professional services firms such as PricewaterhouseCoopers and Deloitte, the momentum in the M&A market is expected to continue in 2016. Franchise businesses have increasingly been a focus. Continue reading

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Franchise & Distribution Law

Five Commonly Overlooked Provisions in International Franchise Agreements

International FranchiseFranchising has become one of the most popular business expansion options, one that is particularly effective when developing into international markets. Franchises that grow with a well-structured system, a thoroughly thought out plan, and exceptional legal documents have the best chance of success. Systems that look to expand without these key elements can end in disaster. There are several matters that a modern franchise agreement should address when growing internationally however they are frequently overlooked. Don’t be caught out by these five pitfalls. Continue reading

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Franchise & Distribution Law

How Do I Know If a Franchisor Has a Good Relationship with Its Franchisees?

Franchisor-FranchiseeFranchise systems come in all shapes and sizes, and each has its unique elements. However, there are common aspects that underpin well-run franchise systems. A healthy franchisee-franchisor relationship is a good indicator of a healthy franchise system. Here are several elements that reflect a strong franchisee-franchisor relationship. Continue reading

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Franchise & Distribution Law

Andrae Marrocco Presents on Franchise M&A at the 2016 CFA Law Day

CFA Law Day 2016Andrae Marrocco presented on the topic “Due Diligence in Franchise System Acquisitions” at the 2016 Canadian Franchise Association Law Day “Bridging Business and the Law” in Toronto – January 28, 2016 – proudly sponsored by Dickinson Wright. Download the Presentation Slides and PaperContinue reading

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