Attorneys | Publications

Poyner & Spruill provides a broad range of legal services to the franchise community. We offer not only a full complement of general commercial advice, but also specialized counsel on specific areas of franchise law. We believe this affords Poyner & Spruill clients the planning and problem-solving services required by a successful franchise business in today's competitive environment. Clients of the Franchise Law Practice Group consist of small, medium and large franchisors and franchisees.

Legal services for Franchisors and Franchisees include:

• Organization of Business Entities Operating Franchises

• Purchase and Sale of Franchised Businesses

• Structuring of Franchise Systems

• Preparation, Administration and Enforcement of Franchise and Related Agreements

• Preparation and Filing of Disclosure Documents

• Franchisor/Franchisee Relations

• Financing and Debt Restructuring

• Alternatives to Franchising

• Litigation and Alternative Dispute Resolution

• Bankruptcy, Collections and Workouts

• Copyright and Trademark Agreements and Benefits

• Employer/Employee Relations

• Territory Agreements and Disputes

Representative transactions handled and services provided by members of the Franchise Law Group include:

• Represented the Seller in an $83 million sale of an established multi-unit franchise company

• Restructured $15 million debt of a 50 unit franchise to avoid a bankruptcy and possible lawsuits against franchisor

• Developed and negotiated development and build-to-suit agreements and leases for an expanding franchising chain

• Negotiated and documented international franchise and development transactions for a franchisor in several countries in Asia, Europe, Central America, and the Caribbean

• Represented a multi-state, multi-unit franchisee in $100 million financing with a recognized national franchise lender

• Organized and represented franchise associations in the restaurant and health care services industries

• Negotiation and settlement of franchise encroachment controversy for home improvement franchise

• Litigation representing franchisors involving trademark, royalty, and territory disputes

• Preparation for filing Franchise Disclosure Documents for franchisors in various industries  

Kim L. Bayless