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You have worked hard to build your franchise business, and it is important to protect your investment. Whether you need to resolve a dispute or want to take steps to minimize your risks in advance, our business attorney in Northern California can provide customized solutions and advice to ensure that your business runs smoothly and you can continue to focus on its operations.
With the help of Luther Lanard, PC, you can be confident that your business is legally protected. We are committed to helping you succeed by making sure you have the resources you need at every stage of your business. We draft agreements, resolve disputes, and so much more. We help you conduct your business and secure your assets so you can rest easier as you operate your business.
Luther Lanard, PC Empowers Your Business
Luther Lanard, PC knows that your business has its own unique needs, and we provide customized services to accommodate the specific aspects you need help with. We have over five decades of experience implementing creative solutions to solve our clients’ business problems. We are also equipped to provide extra proactive support to streamline transactions and agreements so franchisees are not left in a vulnerable position. We provide comprehensive business services to meet various needs.
Purchasing and operating a franchise is a big investment. However, legal representation is also an investment. Hiring business attorneys in Northern California can mean the difference between growing or risking your assets. Attorneys possess an extensive knowledge of business laws and can provide counsel that helps your business succeed and avoid common pitfalls. Luther Lanard, PC works diligently to empower you and your business from start to finish.
Business Law Covers a Wide Variety of Activities
There are many aspects to business, and business owners must juggle many of them. Business structures, finances, employment, marketing, operations, location, customer service, and more are integral to how a business operates and grows. Each facet has its own set of implications that can either help or hurt the business overall. However, the overarching element that can go a long way toward making or breaking your business is the legal component.
Business law seeks to provide oversight and governance for all of these areas so that business owners can uphold their obligation to adhere to all local, state, and federal laws pertaining to business activities. Business law outlines numerous practices, rights, and consequences for violations. Business lawyers have an intimate knowledge of this broad area of the law and use it to navigate proactive and reactive situations for clients.
Additionally, lawyers can also provide ongoing support that helps maintain the health of the business. As legal guidance evolves over time, policies and structures can become obsolete. If business owners are not aware of these gaps, then they can be vulnerable to liability. As such, they should work with a lawyer to conduct regular compliance reviews to make sure they are not violating any business laws. A lawyer can also provide insights into remedying these situations and ways to further strengthen the business.
What to Consider When Choosing Your Business Location in Northern California
Location matters when purchasing and running a franchise. Each area is affected by different factors that impact the economy, such as cost of living, quality of life, housing, employment, and more. These elements can individually and cumulatively impact the success of a business, as well as a franchisee’s monetary investment in the company. Local regulations and taxes are also important aspects to consider, since they can impact your operations and expenses.
To avoid surprises that could hurt your business, your potential area should be studied carefully during your due diligence period so you can decide if the location is a good investment for you specifically and can plan accordingly if you choose to move forward. Below are some initial considerations in Northern California’s three key regions.
The San Francisco Bay Area
The business climate throughout the San Francisco Bay Area presents a mixture of positive and negative factors that heavily influence business success. The region has a strong tech presence and contributes to the success of the region. However, high taxes, strict regulatory measures, and elevated living costs can make it challenging for some businesses. These factors may impact a franchisee’s ability to hire talent, manage operating costs, and meet fiscal obligations as a business.
The North Bay Area
The North Bay’s local economy is impacted by the local transit and the ability to grow, especially in the industrial sector. There are also plenty of housing options in the area, but they outpace job opportunities. While wine country and Santa Rosa have considerable potential, the area still faces economic challenges. Business owners may have difficulty retaining talent throughout this area, and should plan for this when developing a franchise in the North Bay. They may also need to consider additional marketing efforts.
The Central Valley
Some of the economic factors affecting businesses in the Central Valley are stagflation and economic uncertainty. As real estate prices and the cost of living increase, wages have not necessarily kept up. Declining employment numbers have also contributed to the challenges in this area. Franchisees choosing to build their business in the Sacramento area will need to consider these factors and make plans to compensate for them, build in contingency plans, and potentially reserve more for expenses.
Types of Cases Luther Landard, PC Handles in Northern California
Luther Lanard, PC, handles a variety of cases and franchise business needs throughout Northern California. We help draft various agreements to keep your business protected and running smoothly, and work diligently to resolve many types of disputes. Whether you retain our services from the outset or hire us at a later date, our team builds a relationship with you and takes the time to understand your business. The services discussed below are just a few of our offerings.
Due Diligence and Business Formation
A business lawyer in Northern California can guide you through the process when you are preparing to purchase a franchise. They will help you throughout the due diligence process to make sure that you are investing your money wisely and are protected from unnecessary risks. Your lawyer will also help you choose your business entity, whether corporation, limited liability company or partnership, and ensure the proper steps are taken to get set up correctly and have a strong foundation. They will also walk you through the tax implications for each type of entity.
Reviewing Lease Terms and Resolving Lease Disputes
When you are ready to secure commercial space for your franchise business, you will need to discuss terms and sign a lease. This should be handled by an experienced lawyer who knows how to review and negotiate your lease, protects you from risk, and ensures that the lease agreement is not unfair to you. They can also help you resolve lease disputes if they arise over the course of your tenure in the space. Conflicts can arise over rent, repairs, responsibilities, and more, and your lawyer can protect your rights.
Reviewing and Negotiating Multiunit Development Agreements
If you own multiple franchise locations or brands, you will need to have the right agreements in place to support these businesses. A lawyer can represent you when negotiating the terms of a multi-unit agreement. They will review the territories, fees, locations, and other aspects associated with the prospective units or brands to make sure that a fair agreement is settled. A lawyer can also help you determine lease terms and contracts with other parties that fit with your multiunit structure.
Breach of Contract
Contract violations frequently contribute to conflicts in business. This usually occurs when either party fails to uphold their obligations or infringes on the other party’s rights. These conflicts may be minor and can be settled through negotiation, or they can be egregious or complex and require litigation. A lawyer can help you handle these contract disputes when they arise. They can protect your rights in the conflict and help you determine your options for action under the existing contract.
Protection Against Fraudulent and Unfair Business Practices
California has laws to protect individuals from unfair competition and false advertising, and provides consumer legal remedies so they can take action if they have been victimized by such practices and suffered losses. Franchisees are also protected under these laws, and they have the right to take action if they discover a franchisor has been fraudulent or falsely advertised the business. A lawyer can help you navigate the legal process and potentially help you exit the franchise without negative repercussions.
Terminating, Non-Renewals, and Franchise Exits
If you receive a termination or nonrenewal notice from a franchisor, an attorney can act quickly to assess the situation and determine if the franchisor is wrongfully issuing the notice, as well as what your rights are. Similarly, if you want to exit a franchise, you must also proceed carefully and with the guidance of a lawyer. Both situations could have serious legal implications if not handled correctly. Franchise disputes generally provide directions on the grounds for these actions, so it is important to review it thoroughly.
Your Options for Resolving Business Disputes in Northern California
There may be multiple options available to you when resolving a dispute. Your lawyer will generally help you resolve the matter with as little time and expense as possible, but the nature of your case and state of negotiations may require additional or more structured action. Our business lawyers in Northern California can counsel you on how to proceed based on your circumstances and your rights under the franchise agreement. Some common dispute resolution methods may include:
- Negotiation is an informal process that initially occurs between two parties to try to resolve a business conflict. An attorney can represent your interests and communicate with the other party on your behalf. They will negotiate terms to help you both reach an agreement as swiftly as possible and prevent the matter from escalating.
- Mediation allows both parties to work together to find a solution through mediator-led discussion. Mediators help both parties communicate their issues and consider other points of view that can result in a satisfactory solution. This process helps both parties resolve their dispute faster, with less expense, and in a way that maintains the business relationship.
- Arbitration is a process that allows both parties to present their evidence and case before an arbitrator and receive a decision to settle the matter. Arbitration can be either binding or non-binding, which means that parties must either adhere to the arbitrator’s decision or have the option to take their case to court. This process can be beneficial for complex cases and has the benefit of being confidential, faster, and more cost-effective.
- Litigation is a formal, lengthy process that is typically used when other dispute resolution methods fail to yield results. A judge will issue a decision after hearing both parties’ arguments and reviewing the evidence provided. Parties may have the option to appeal an outcome they feel is unfair. Litigation is often used as a final option.
Regardless of which method is used in your case, it is important to retain thorough records, collect evidence that supports your side of the dispute, and show any violations the other party committed. Your lawyer can also help you identify and gather documentation that will strengthen your claim as they communicate on your behalf and build your case. They will also handle communications so nothing is said or done to aggravate the matter or hurt the potential outcome of your case.
Contact Our Business Attorney in Northern California
Luther Lanard, PC, helps franchisees in Northern California and worldwide successfully protect their business so they can grow and thrive. We provide unique solutions to your unique problems so you benefit from customized protection. Your business is important to us, and we work diligently to mitigate the potential risks that could affect your business. You can schedule a consultation with our team today when you contact our franchisee law firm about your business needs.