Franchising and Licensing

As an experienced corporate and transaction lawyer, author Andrew Sherman offers insider insights into unique opportunities for business growth--specifically, leveraging your intellectual capital through franchising and licensing. By helping you understand what intellectual capital is, what revenue your company is entitled to, and how to manage these intangible assets, he provides the knowledge and tools necessary to keep your business not only operating, but growing in any economy. Filled with illuminating examples, stories from the field, and dozens of forms for drafting franchising agreements and licensing programs, Franchising & Licensing simplifies the strategic, legal, financial, and operational aspects of these complex but highly profitable business strategies. Readers will learn how to: raise capital, structure agreements, and protect intellectual property; create market-responsive sales, marketing, and globalization strategies; establish quality control and compliance measures; and assess opportunities for mergers and acquisitions, joint ventures, and other alternatives to franchising--among many other essential insights. Plus, the fourth edition incorporates up-to-the-minute information on regulations, best practices, web strategies, branding techniques and global trademark laws, the new FDD disclosure format, and the latest franchising trends. Comprehensive and applicable to domestic and international franchising initiatives alike, this go-to guide remains the industry standard for insights on expanding your business.

Growing your business doesn't have to be messy or complicated. This indispensable reference provides legal insider insight into how to leverage the intellectual capital of your company to generate new revenue.

C O N T E N T S

Preface to the Fourth Edition

Acknowledgments

Part One. The Foundation for Franchising
1 Leveraging Intellectual Capital to Create Growth
Opportunities and Profitable New Income Streams

Part Two. Building a Franchising Program
2 The Foundation of Franchising
3 Developing the Operations and Training Programs
4 Developing System Standards and Enforcing Quality Control
5 The Regulation of Franchising
6 Compliance
7 Structuring Franchise Agreements, Area Development
Agreements, and Related Documents
8 Protecting the Intellectual Property of the Franchise System
9 Managing Disputes
10 Developing Sales and Marketing Strategies at the Target
Franchisee and Target Consumer Levels
11 Taking Your Franchise Program Overseas

Part Three. Financial Strategies
12 Business and Strategic Planning for the Growing Franchisor
13 Capital Formation Strategies
14 Management and Leadership Issues in Building a Successful
Franchising Organization
15 The Role of the Chief Financial Officer and Related Financial
and Administrative Management Issues
16 Special Issues in Mergers and Acquisitions
17 Managing the Transfer and Renewal Process
18 Strategic and Structural Alternatives to Franchising
19 Structuring Licensing Programs and Agreements
20 Joint Ventures and Strategic Alliances
21 Resource Directory

Index