Overview of Services Available
- BUYING A FRANCHISE OR ANY OTHER BUSINESS OPPORTUNITY? Fraud and misrepresentation abound in epidemic proportions today. Our due diligence service reduces critical risk on deal issues and contract problems. Don't find out after you have closed the deal that you have become the victim of franchise fraud or other deception.
- MANAGEMENT CONSULTS - With over 50 years experience, we can assist management to optimize functional connectivity amongst its franchisees, licensees and dealers, and amongst its network of systems in a multi branded organization. We will help you eliminate/reduce bottlenecks and blockages that may be retarding your growth and efficiency.
- COMING TO THE UNITED STATES - If you are thinking of bringing or expanding your business to the USA from anywhere in the world, we will help you to accomplish that. Whether you wish simply to move it and yourselves, or seek out licensees, strategic alliances or joint ventures (or combinations of such relationships), we can get you here. Through teaming, we bring to focus all the needed disciplines and specialties, whether it is taxation, immigration, intellectual property rights vetting, location issues and anything else that may be of significance.
- LITIGATION CONSULTANCIES - If your law firm has a potential franchise or antitrust case and needs assistance in its direction and guidance, we can provide that direction for you so that you can handle the case yourself. We assist with liability theory analysis, evidence marshalling, discovery planning, damages estimate construction, expert witness selections, cross examinations of hostile witnesses, preparation of your own witnesses to testify effectively and every other aspect of franchise litigation case management.
- TRIAL SERVICES - Many smaller and medium sized business law firms focus mainly upon transactions, and do little or no trial and other dispute resolution work. When their clients have disputes, they have no one in house with a really substantial and long standing litigation and dispute resolution history. Sending the client to another law firm may often mean the loss of the client to that other firm. We will work with your firm and provide every conceivable trial or other dispute resolution expertise you or your client could possibly need. We will be first chair, conduct all the discovery, develop the strategy and tactics, all in combination with any member or associate of your firm whom you designate to liaise with us, and we will try or arbitrate the dispute if settlement before that has not been achieved. Your client never leaves your firm for any purpose and you are counsel of record along with us.
- ANTITRUST - Pricing and distribution issues, dealer network management - Mergers and Acquisitions - Trade Secrets, Misappropriation and Protection - Covenants Not To Compete - Internet E-Commerce versus Traditional Trade Channels - Special Treatments of Luxury Products and Services.
- ARTWORK DISPUTES - Representation of sellers and buyers in artwork disputes, including paintings, prints, sculpture, furniture and other antiques, and configuration of documentation systems to reduce artwork dispute risk. The great art fraud trials and the stories written about them arose in the main when there was a confluence of great wealth devoted to the collection of 'fine art' and the exceptional instance in which someone was sufficiently wounded by a questionable transaction to overcome reservations about making a public record that they had been 'taken'. Most 'fine art' litigation arose in the instance of tax cases, either import duty application or charitable deductions for artwork donations to exempt institutions. We bring intelligent and effective remediation to what might otherwise become full blown, expensive litigation.
- INTERNET INDUSTRY FORUM and industry or affinity group trade association establishment and management.
- MAJOR CONTRACT SYSTEM ENGINEERING - Strategic alliance, joint ventures, production tolling agreements, including structural relationship issues, options, with and without technology and software licensing provisions, reciprocal incentivization issues, as well as cost and risk containment. We work with any management team, in your office or in the field, anywhere in the world. We are sensitive to currency control and financial repatriation interests and will work within available treaty options world-wide.
- TECHNOLOGY LICENSING, franchised and non-franchised, including vetting of prospective licensees, preparation of licenses and ancillary documentation, review of marketing materials for compliance with applicable laws and representation in dispute resolution, litigated and non-litigated.
- CONSTRUCTION INDUSTRY PRACTICE - full service representation of contractors, construction management companies, counseling, program development and dispute resolution.
- REGULATORY AND ENFORCEMENT POLICY CONSULTS - Every nation has its own cultural/political/economic/geographical profile that affects how its business practices regulatory and enforcement policy is configured. Fluctuations in those policies are fraught with risk vis-a-vis attracting foreign investment and stimulating business investment growth within the country as well. The prospects of elections and left/right/center government administrations does not have to cause upheavals in a country's attractiveness owing to fears of regulatory and enforcement policy changes. Through legal expertise and experience, market modeling and econometrics, we will assist almost any government in the art of the light touch without compromising the basic values of any administration. They govern best who govern least.
- MEDIATOR SERVICES - BUSINESS DISPUTES ONLY - Expert Settlement Facilitation in a casual, hospitable environment, complete with good sense, straight talk and gourmet cooking.
- RESTRUCTURE YOUR FRANCHISE RELATIONSHIP, functionally and contractually, to resolve issues relating to factors that were once useful and current, but may now be burdensome and counter productive.
- ASSIST YOU TO DETERMINE if there are indeed life cycle issues that can or should be addressed through diversification and/or merger and acquisition, to add value to the investment in your franchise.
- PROVIDE EMERGENCY, short term, full time general counsel services with daily access, and thereafter on an as needed basis at your comfort level.
- PROVIDE DISPUTE RESOLUTION REPRESENTATION, whether litigation, arbitration, mediation or a combination thereof, where efforts at non-confrontation resolution of issues have not been productive.
- PROVIDE REVIEW AND ANALYSIS OF ALL FRANCHISE AGREEMENTS and disclosure documents for compliance and for currency, and revise where appropriate, including registration where required.
Richard Solomon is a senior corporate trial and counseling attorney with over 50 years experience in franchised and non-franchised businesses. He has worked with franchisor management and with franchisee groups in projects involving every imaginable trauma. His experience includes substantial involvement in matters of franchise planning, franchise breakaway and other franchise crisis management and litigation, as well as antitrust, trade and service mark infringement and unfair competition, covenants not to compete, director and officer liability and R.I.C.O. He is a graduate of The Citadel (A.B. Modern Languages-1959) and of The University of Michigan Law School (J.D.-1963). He has been invited to publish and to lecture by law schools and professional associations across the country. His specific experience areas, by industry, include:
Food Service and Hospitality: Pizza shops, Sandwich shops, Specialty food retailing, Ice Cream shops, General Menu Restaurants and Hotels. Mall and airport food court restaurants and non traditional franchises.
Automotive: Transmissions, Brakes and Mufflers, Tune Up Shops, Rustproofing, Auto Manufacturing, Luxury Van Conversions, Automotive and Motorcycle Retailing.
Other Franchised Concepts: Personal Grooming, Drain Cleaning, Construction and Maintenance, Print shops, Real Estate Agencies, Computer Retailing, Home Decor, Art Galleries, Personnel Testing, Training Schools, Check, Credit Approval, Photography, Beauty Pageants and Wireless Telephones Retail Shops.
Medical/surgical and other biotechnology know-how licensing program development, including planning, structuring and implementation, as well as preparation of related agreements and assistance in negotiation of arrangements with potential users.
Fashion Industry, Clothing, Jewelry, Designer Cookware and other High End Products E Commerce and Antitrust Issues
NON-FRANCHISED LICENSING AND DISTRIBUTION: Pipeline rehabilitation technology licensing, gravity and high pressure, including all pipelining concepts, USA and International.