Franchise disputes

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Unfortunately disputes do happen, and when they do, we understand the unique aspects of franchise and dealer litigation and disputes. We assist by providing strategic advice on the dispute, preparing breach and termination notices, and representing clients during dispute resolution and court proceedings. We work with clients to resolve franchise and dealer disputes with minimal impact on the broader network.

Franchising Code

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The Code regulates the franchise and dealer relationship, and is regularly reviewed and updated.  We advise clients on all compliance matters and members of our team are often part of expert legal groups providing feedback on proposed reforms.  We prepare documentation and advice with a sound understanding of the Code and its application.

Property

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Whether networks have retail store operations or other industrial or commercial real estate interests, our team assists with sale and purchase, and leasing, associated negotiations and disputes.  We work with networks to prepare sub-leases and licences with franchisees, as well as build and fit-out arrangements, and to meet the leasing requirements under the Code.  We also assist with construction and lease disputes.

Brand expansion and protection

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Brand and intellectual property are at the heart of every network, and their protection is critical to the network's success.  We work with clients to identify, protect and enforce their intellectual property rights.  We understand the intellectual property issues that commonly arise in franchise and distribution networks, and work with our clients to minimise those risks.

Technology, data protection and privacy

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Efficient network operations commonly rely on network wide technology solutions and complex data sharing. We assist with technology implementation including drafting relevant agreements and negotiations with providers and network members. We also advise on all aspects of data sharing, and other data protection, cybersecurity and privacy issues that arise in networks, including complex cross-border data sharing arrangements and helping clients to manage data breaches.

Acquisition and joint ventures

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Networks often grow through acquisition and joint ventures. We assist clients on these transactions drafting sale and purchase agreements and joint venture agreements, managing negotiations, whilst keeping stability in the existing network. We also advise on any considerations and issues for the transaction arising under existing network documentation, and assist clients to manage the resulting network changes and update and provide the documentation required under the Franchising Code.

Business and tax structures

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We assist clients to develop business models and structures that best support their operations and account for relevant risks and liabilities.