Representing Franchisees

Representing Franchisees is a reference for lawyers advising and representing the thousands of people and companies who buy franchises every year. A lawyer may become involved at any of many stages: reviewing the federally mandated Franchise Disclosure Document before purchase; negotiating franchise agreement terms; advising on general business and legal issues; negotiating renewals or amendments; resolving disputes in mediation, litigation, or arbitration; dealing with termination or nonrenewal issues; representing franchisee associations; and collaborating with franchisors. This book covers all these topics and provides information and suggestions about how to handle the myriad issues facing franchisee counsel.

At Warner, Federico & Ryan, I have a wide-ranging franchise and business litigation practice representing franchisees, dealers, retailers, licensees, and distributors individually and collectively. I also advise clients on employment, transactional, advertising, real estate, operational, and regulatory issues. I am active in the ABA Forum on Franchising and have recently written the Massachusetts chapter of the Covenants against Competition in Franchise Agreements (Fourth Edition) and co-edited the forthcoming Representing Franchisees (First Edition). At Foley Hoag, I counseled individual and corporate clients involved in investigations by state and federal regulators and prosecutors. Fluent in Spanish, I also represented Latin American countries and multinational corporations before U.S. federal courts and international arbitral tribunals.

Howard Bundy is a Seattle franchise and small business lawyer. Howard assists clients with transactions and disputes involving franchise issues and relationships. He limits his practice to franchising, distribution and small business issues.

For franchisors, Howard advises clients in the steps necessary to franchise an existing business or concept. He drafts franchise agreements, disclosure documents and handles the franchise registration process. He advises the client on all of the legal and related business aspects of complying with the complexities of franchise laws and regulations. He shares with each client his experience in representing franchisors and franchisees in an effort to create a franchise system that allows both parties to succeed and minimizes the risk of disputes.

For franchisees, Howard consults with people who are considering investing in a franchise. This involves determining the client's background and objectives and expectations and evaluating the franchise contract and other documents. Howard then shares with each client his 39 years of experience in franchise law and leaves each client better able to make a good business decision. His focus is on trying to be sure the client has all of the tools needed to make a decision in the client's best interest.

Unfortunately, not every franchise relationship turns out to be a happy relationship. When that happens, Howard manages or handles the dispute resolution process, whether it involves negotiation, mediation, arbitration or litigation. In many cases, Howard teams with another lawyer to give the client the best possible representation.

Many of Howard's small business clients are franchisors or franchisees--but not all. Howard assists clients in setting up new closely held entities--corporations, limited liability companies and otherwise. In doing so, he works closely with the client's other advisors, including their accountant. In addition to setting up the entity, many clients ask Howard to prepare contracts that they use in their business, including confidentiality agreements, non-disclosure agreements, license agreements, employment agreements, and many more. Finally, Howard assists many clients in selling or purchasing a business, including providing advice about the process and preparing documents to make the deal happen in a way that is fair but favorable to the client.

Throughout his law practice, Howard strives to give each client added value by leveraging both experience and technology to give the client a professional finished product that is cost-effective.

Ronald K. Gardner is the Managing Partner of the firm of Dady, Gardner, P.A., and limits his practice to the representation of franchisees, franchisee associations, dealers and distributors, focusing most frequently on his clients’ disputes with their franchisors, manufacturers and suppliers. Ron, along with the rest of his colleagues at Dady, Gardner, P.A., prides himself on the fact that the firm has an international reputation for effectively and efficiently helping their franchisee, association, dealer and distributor clients to resolve their disputes through negotiation, mediation, and when necessary, litigation and arbitration. More specifically, Ron has helped clients in dozens of industries, including fast food, personal services, automobile, trucking, construction equipment and agricultural implements.

Ron is a member of the American, Minnesota, Hennepin County and Rice County Bar Associations. He is an active member of the ABA Forum on Franchising, is a Past Chair of the Forum (and still the ONLY “franchisee lawyer” to EVER be elected as the Chair), and is a past Membership and Program Officer, as well as a past Division Director of the Forum on Franchising’s Litigation and Alternative Dispute Resolution Division. Ron was the co-chair of the 2005 Forum on Franchising convention. He is also a member of the North American Securities Administrator Association Franchise Project Group—a select group of franchise lawyers who help promulgate franchise regulations and train state franchise regulators in the nuances of franchise law.

Ron is a frequent speaker at various gatherings on franchise and distribution-related topics, such as the ABA’s Annual Forum on Franchising, the National Convention of the American Association of Franchisees and Dealers, the International Franchise Association, the International Distribution Institute and International Bar Association. He also speaks regularly to various franchise and industry groups about their rights. Ron is formerly one of the primary authors of the widely cited treatise “Franchising: Realities and Remedies,” published by Law Journal Seminars Press and distributed nationally, as well as being a co-author of the “Annual Franchise and Distribution Law Developments 2002" volume published by the American Bar Association.

Ron has represented businesses of all sizes, including multi-unit franchisees, as well as single owner operations. He represents numerous franchisee associations, including the associations of several of the largest franchise systems in the world. He has handled disputes ranging from unlawful terminations to encroachment to cases regarding franchisor’s failure to comply with registration and disclosure requirements of the FTC and state governments. He has represented or counseled clients in all 50 states, and over a dozen foreign countries.

Ron has also been named one of the Best Lawyers in America, for the six of the last seven years, Top 100 as one of Minnesota’s “Super Lawyers”, and as one of Franchise Times “100 Legal Eagles” every year since the list started, being inducted into the Franchise Legal Eagle Hall of Fame in 2014. The past eight years (2007-2014) Ron has been selected by Chambers USA independent research firm as one of the top 3 franchisee lawyers in America---and is the only one under 60. In 2010 and 2011, Ron was listed, along with his partner, Michael Dady, as the only “Tier 1” Franchisee lawyers in the United States, and Dady and Gardner are 2 of only 3 Tier 1 Franchisee lawyers listed since 2012.  In 2013, Chambers hailed Ron as “the premier franchisee lawyer in America.”

Ron graduated magna cum laude in 1991 from Mankato State University, and is a 1994 cum laude with honors graduate of the Hamline University School of Law, and was honored to be the 2010 Hamline Law Alumnus of the Year. Among his other activities, Ron has been an adjunct professor at Hamline University School of Law, as well as being the former Chairman of the Board of Trustees of Prairie Creek Community School. He and his wife Becky are also the proud parents of Devyn and Zach, and grandparents Ryan and Owen. And when Ron is not practicing, or spending time with his family, you can likely find him on a trout stream somewhere.