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Franchise and Distribution
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Baker Botts has one of the nation's leading franchise and distribution practices. Our franchise lawyers regularly counsel clients on a variety of domestic and international distribution issues, including:
  • the structuring and operation of franchise programs, regulatory compliance,
  • the structuring and negotiation of portfolio transactions,
  • the purchase and sale of franchise systems, including the related due diligence, and
  • issues related to the operation of multiple brands and distribution channels.

In addition, our lawyers advise companies on the legal issues involved in other distribution methods, including sales representative arrangements, dealerships and distributorships.

Our lawyers have been recognized by Franchise Times as among the top 101 franchise lawyers in the U.S. and Canada and as top franchise lawyers locally, nationally and internationally by Chambers, The International Who's Who of Franchise Lawyers, Texas Lawyer and D Magazine, among others. Our many years of practice in the area have given us a level of experience and exposure to franchise issues surpassed by few, resulting in our ability to provide quick, practical, thorough and efficient advice.

Baker Botts' franchise lawyers represent companies of all sizes in a variety of industries, including the hotel, restaurant, retail, automobile rental, convenience store and consumer services industries. We work with clients to develop strategies for efficiently managing often complex legal issues in ways that are consistent with their business goals.

Our lawyers have represented many franchise companies in connection with the international expansion of their brands, both with respect to regulatory compliance and transactional matters. We have broad experience representing our clients in many countries in Latin America (including Mexico and Brazil), Europe, the Middle East, Asia, Australia and Canada.

We also draw on the strengths of other Baker Botts lawyers with particular experience in areas such as antitrust, corporate, tax and bankruptcy law. The lawyers in Baker Botts' litigation practice, including its international arbitration and dispute resolution practice and its food and beverage litigation practice, offer extensive knowledge in successfully handling sensitive and complex matters. And, Baker Botts' nationally recognized intellectual property practice, including over 130 lawyers practicing trademark, copyright, patent, advertising and marketing law, offers our franchise clients an experienced team of professionals who understand the critical importance of protecting their brands.

Publications
U.S. Business Opportunity Laws and Their Effect on Franchisors
 
August 2009
Franchise and Distribution, Federated Press
Co-editor, The FTC Franchise Rule: Analysis and Commentary
 
2008
American Bar Association Forum on Franchising
Good News on State Taxation of Out-of-State Franchisors in New Mexico . . . Or Not
 
Winter 2007
Franchise Law Journal
Speeches and Presentations
Hot Topics in Franchising and Hospitality
 
February 2009
Hospitality Law Conference, Houston
Advanced Disclosure Issues Under The Amended FTC Rule
 
October 2008
American Bar Association Forum on Franchising Annual Meeting, Austin
Three-Level Franchise Systems - Master Franchise and Area Representative Structures - Do They Work for the Systems You Represent?
 
May 2008
International Franchise Association Legal Symposium, Washington, D.C.
Updates  
 
August 10, 2010
 
July 12, 2010