Susan Wells

Susan Wells

Jaburg Wilk

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Latest Publications


Are Franchise Agreements Negotiable?

In theory, yes, franchise agreements are negotiable. In practice, they may not be negotiable – particularly in ways that are meaningful. Every franchisor has a form of franchise agreement that defines the rights and...more

5/14/2014 - Contract Negotiations Department of Business Oversight Franchise Agreements Franchise Disclosure Document Franchises Franchisors Negotiations

Special Commercial Lease Considerations for Franchisees

Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be...more

4/10/2014 - Commercial Leases Commercial Real Estate Contracts Commercial Real Estate Market Commercial Tenants Franchises Landlords

Lease Considerations for Franchised Businesses

Franchised businesses pose unique leasing issues that the broker or agent should be aware of at the outset of the representation. The primary difference is that in the franchise context, you will need to satisfy your client,...more

3/5/2014 - Commercial Leases Franchises Leases

Thinking About Franchising Your Business?

As a successful business owner or business owner with a new and trendy concept, you probably get approached frequently by people hoping to acquire rights to operate your business “back home.” You are probably flattered by the...more

1/22/2014 - Brand Franchise Agreements Franchise Tax Board Franchises Trademarks USPTO

Thinking about Buying a Franchise?

If you’re considering purchasing a franchise, you’re probably overwhelmed by the size of the Franchise Disclosure Document (or, as it’s colloquially called, the “FDD”) and firmly believe that the franchisor’s lawyer gets paid...more

1/13/2014 - Disclosure Requirements Franchise Agreements Franchise Disclosure Document Franchises

Franchising 101: What is a Franchise? What do I have to do to Comply with the Franchise Laws? Why Should I Comply with the...

What is a Franchise? Due to the heavily-regulated nature of franchising, clients often tell their attorneys "I'm only going to do a license. I don't want to do a franchise." Although a client may believe what he...more

1/7/2014 - Franchise Agreements Franchises

Seven Strategic Steps to Avoid Franchisor Liability

One of the hallmarks of franchising is consistency of the brand and operations across the franchise system. If well executed, that consistency gives the public the impression that the franchise system is a centrally-owned...more

10/1/2013 - Additional Insured Franchise Agreements Franchises Insurance Industry Notice Requirements Vicarious Liability

Investing Your Way to a Green Card: Franchising May be the Avenue

The global recession has been challenging for most of us. However, one of the silver linings of the global recession is that certain franchisors are focusing on immigrants as franchisees. If you have the funds, and you meet...more

8/13/2013 - EB-5 Franchises Green Cards Investors Small Business Visas

8 Ways to Avoid Paying Expensive Legal Fees

Meeting new people at a cocktail party and telling them that I'm a lawyer frequently generates disdain. The experience that most people have had with lawyers is in connection with their divorce or a business litigation...more

7/1/2013 - Attorney's Fees Contract Drafting Legal Costs Litigation Strategies

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