Corporate / M&A Law, Franchise & Distribution Law

10 Potential Deal Breakers for Sophisticated Investors Looking to Acquire Franchise Systems

deal-breakerThe investment community has been increasingly interested in franchise systems as potential targets. They present a valuable investment proposition for strategic and financial investors. The appeal of robust, long-term, and diversified royalty income streams, proven business concepts, potential for scalability and expansion, shared expansion costs (i.e. with franchisees), and the goodwill and strength of an established brand has caught the attention of private equity funds, family offices, and other sophisticated acquirers. Continue reading

Standard
Franchise & Distribution Law

International Comparative Legal Guide – Franchise 2018 – Q&A Chapter on Franchising in Canada

ICLG 2018In Canada, six of the 13 provinces and territories have adopted franchise specific legislation: Alberta; British Columbia; Manitoba; New Brunswick; Ontario; and Prince Edward Island. Each provincial franchise statute defines a ‘franchise’ in a similar manner to include the following key elements: the grant of a right to sell or distribute the goods and services of the franchisor in return for (indirect or direct) payment or ongoing payments where: Continue reading

Standard
Corporate / M&A Law, Franchise & Distribution Law

Getting the Deal Through – Franchise 2018 – Franchise M&A

Franchise 2018 GTDTFranchise systems present a valuable investment proposition for both strategic and financial investors. The franchise business model as an expansion strategy has been on the rise across the globe for many years, and its growth together with its contributions to national gross domestic product (GDP) and job creation have outperformed other sectors and business models. Moreover, franchise systems have progressed well beyond traditional quick service restaurants to many other industries and sectors. Unsurprisingly, franchise businesses have increasingly become a focus for M&A deals, some of them large and complex. Take, for example, the recent Burger King C$14.6 billion acquisition and tax inversion involving Tim Hortons. Continue reading

Standard
Corporate / M&A Law, Franchise & Distribution Law

Getting the Deal Through – Mergers & Acquisitions 2017 – Franchise M&A

GTDT Mergers & AcquisitionsFranchise systems present a valuable investment proposition for both strategic and financial investors. The franchise business model as an expansion strategy has been on the rise across the globe for many years, and its growth together with its contributions to national gross domestic product (GDP) and job creation have outperformed other sectors and business models. Moreover, franchise systems have progressed well beyond traditional quick service restaurants to many other industries and sectors. Unsurprisingly, franchise businesses have increasingly become a focus for M&A deals, some of them large and complex. Take, for example, the recent Burger King C$14.6 billion acquisition and tax inversion involving Tim Hortons. Continue reading

Standard
Franchise & Distribution Law

Navigating the Cyber Liability Storm – Part II

Security concept: Lock on digital screenFranchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding boundaries of franchisor liability for matters arising at the franchise unit level. Continue reading

Standard
Franchise & Distribution Law

Navigating the Cyber Liability Storm – Part I

cybersecurity1Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding boundaries of franchisor liability for matters arising at the franchise unit level.

Two recent cases have raised awareness of the risky climate for franchisors in the realm of cybersecurity and privacy compliance. Continue reading

Standard