When exploring franchise opportunities, it is easy to become committed to a particular brand and system early in the process. When this happens, for many people the due diligence process becomes a formality – a way to find affirmations that you have already made the right decisions. But, this can be a mistake. Many franchisors rely on their ability to make a good first impression, and they do not want prospective franchisees to dig deeper into the system. They do not want prospects to ask about things like carve-outs from their territorial rights, and they do not want them to have the insights of existing and former franchisees. Yet, these are precisely the types of information that are required in order to make an informed decision during the franchise buying process. If you are preparing to buy a franchise but have not yet performed your due diligence, here are some key questions you will want to ask before you sign: Questions for the Franchisor 1. What are my territory rights? Some franchisors offer exclusive territories, some offer protected territories, and some offer territories with no protection at all. Even “exclusive” territories will often be subject to exceptions. If your franchise agreement is not crystal clear on the definition of your territory, this is something that you will almost certainly want to have addressed before you pay your initial franchise fee. 2. How often do you make system-wide changes? Many franchisors – especially newer ones – make constant changes to their […]

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If your experience as a franchisee has not gone as you hoped, you may be facing the prospect of termination. When it comes to protecting your rights as a franchisee, taking legal action prior to termination can help ensure that you have as many options as possible. So, how do you know if your franchisor is planning to terminate? While not necessarily determinative, here are five common signs that a termination notice may soon be arriving at your franchise’s door: 1. You Cannot Get in Touch with the Franchisor. If the franchisor’s representatives have suddenly become unresponsive, this may be a bad sign. When franchisors are planning to terminate a franchise, they will often (quickly) devote their resources elsewhere, and they may even have concerns about communicating in the face of potential litigation. 2. You are Being Treated Differently Than Other Franchisees. Along with lack of communication, other forms of disparate treatment can be potential warning signs of impending termination as well. For example, if other franchisees are rolling out new promotional materials, or if they are being asked to adopt updated system standards, being left out could be a sign that the franchisor is not planning to keep you in the system long-term. 3. You are Struggling with the Renewal Process While the renewal process can be a challenge even under the best of circumstances, if you are struggling to renew your franchise, there may be a reason why. The franchisor may want you out of the system, and […]

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The Goldstein Law Firm is privileged to announce that firm founder Jeffrey M. Goldstein has recently been named a Global Law Expert in franchise law. Based in London, Global Law Experts (GLE) recognizes exceptional attorneys worldwide and is billed as, “[t]he premier guide to leading legal professionals throughout the world.” Recognition by Global Law Experts provides notable distinction: GLE recognizes just one attorney in each practice area per county. According to GLE’s website, it is the only organization to do so. Consideration requires a peer recommendation or approval by Global Law Experts’ research department, and all candidates must complete, “an intensive research process before being passed onto the Nominations Panel for final assessment and validation.” Each year, GLE sends its Recommendation Questionnaire to over 45,000 business leaders, advisors and in-house attorneys to solicit recommendations for the world’s leading attorneys. About Global Law Experts Global Law Experts currently recommends and endorses lawyers in 140 countries and over 50 areas of practice. Rather than focusing solely on attorneys at large international law firms, GLE also understands that the level of service provided by attorneys at smaller boutique practices can often exceed that provided by partners in Big Law. As stated by GLE: “It’s often easy to assume bigger means better, but that is not always the case with law firms; boutique practices specialise in just one legal field and as a result can often offer the same (if not better) advice on a more personal level at a typically lower hourly rate […]

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The Goldstein Law Firm is pleased to announce that founding attorney Jeffrey M. Goldstein has been named among the Esteemed Lawyers of America®. This is the third time this year Mr. Goldstein and the firm have been awarded for their achievements and client service, following the firm’s recognition as Best Franchise Disputes Law Firm 2017 – USA by Acquisition International and Franchise Law Firm of the Year in the 2017 Finance Monthly Law Awards. Esteemed Lawyers of America® (ELOA) is an organization whose mission is, “to recognize the most respected lawyers in the country.” It seeks to help individuals and businesses find quality legal representation by offering a list of attorneys who are both (i) recommended by their peers, and (ii) qualified for recognition based upon their experience, commitment to client service and ethical standards. As described by the organization: “ELOA was established to honor those attorneys who are the most respected and esteemed by their peers throughout the legal community, and to help consumers identify them. . . . The best attorneys are being replaced by better marketers[,] and consumers don’t often know who the finest lawyers are anymore. By identifying the top lawyers as determined by the people who know them best – other lawyers – and educating the public as to who they are, Esteemed Lawyers of America® aims to change that.” Selection Criteria for Esteemed Lawyers of America® Membership in Esteemed Lawyers of America® is conditioned upon successful completion of a two-stage application process. The first […]

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