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Business and Franchise Lawyers Serving Clients Throughout Pennsylvania and the Nation
At Spadea, Lanard & Lignana, we are in the business of helping businesses organize, grow, and thrive. For more than two decades, our attorneys have helped clients throughout Pennsylvania and the nation make their business dreams a reality, including those seeking franchise opportunities.
Contact one of the attorneys at our firm today. We can help your business dreams become reality.
Positioning Your Business for Success
We custom-tailor effective legal solutions for small and medium-sized businesses of all types. We provide the legal underpinnings essential to business success. Contact our business attorneys if you are:
- An entrepreneur with an exciting new business idea
- Anyone with a business agreement, commercial lease, or non-compete agreement that needs to be prepared, reviewed or renegotiated
- A business owner who is dissatisfied with his or her current legal advisor
- An individual purchasing a franchise business or a business owner who wants to franchise a successful business concept
- An individual wishing to purchase or a business owner who wants to sell a business
- A business owner with employees or looking to obtain employees
Deal Makers, Not Deal Breakers
The description of a successful corporate counsel could be paraphrased: "Don't tell me why it won't work. Find a way to make it happen." We take that approach when we are helping our clients. We provide all the services of an in-house corporate counsel without the overhead.
Business Spoken Here
If you have dealt with attorneys before, you may be surprised to find that we speak your language, not legalese, and we understand business. We not only translate legal concepts into plain English, we will explain exactly what they mean to your business and your bottom line. Then we take action on your behalf, deftly navigating the murky waters of the law until we reach the best possible outcome to your legal situation. You will find our team of uniquely qualified, skilled attorneys listen, understand, and are responsive to all your legal needs.
Do you have questions about franchising law, contracts, or a specific business transaction? Let's talk business. Contact us today to speak with one of our experienced business and franchise lawyers.
Pennsylvania HB 1620, known as the “Responsible Franchise Practices Bill”, attempts to bring a balance to the franchisor/franchisee relationship for Pennsylvania franchisees. Pennsylvania, a state that currently does not have a franchise law, has a proposed bill that will have a tremendous impact on the franchise community. The bill attempts to make franchise agreements more equitable and fair.
The stated purpose of the bill is to guaranty fairness in the franchisee/franchisor relationship and eliminate "arbitrariness, coercion, and duress." The bill poses limitations on a franchisor’s rights to terminate a franchise agreement and the reasons a franchisor may terminate the agreement. The proposed legislation also poses limitations on a franchisor's right not to renew a franchise agreement. Additionally the bill restricts a franchisor's ability to contractually limit a franchisee’s rights to transfer the franchise, among others. Read more »
Key Takeaways from the Nov 13th PFA Meeting on Recruiting, Hiring & Reducing Turnover of Key Employees
Last month the Philadelphia Franchise Association (PFA) had a terrific meeting at Maggiano's in downtown Philadelphia. I want to again thank our terrific panelist, Tom Monaghan, Steve Beagelman and Mr. Ade Lawal. Each brought excellent stories and practical advice on how to recruit, hire and train key employees.
I believe the most insightful part of the presentation was the insistence by all the panelist that the hiring process must be exactly that, a process. If a company can define what steps it needs to take and then follow those steps they will have a much better chance at being successful than those companies that wing it each time they have a need for a new team member.
Having a defined process will enable companies to refine and improve that process over time. Key elements to a good process that we discussed were:
- Written and consistent interview questions
- Simple outside and objective tests such as background, IQ, personality test, etc. (I was intrigued to learn that some really helpful tests can be done for very little money) Read more »
What are the key terms that a prospective tenant of a commercial lease should consider prior to signing a commercial lease? A prospective tenant should consider negotiating the following key terms in their commercial lease: Read more »
Franchisors many times don’t think about franchisees exiting their system as the opportunity that it really is. Without a formal resale program in place, franchisors can be at the mercy of local business broker, real estate brokers or landlords for the continuity of their locations. When a franchisee is looking to exit the system, they should be embraced and helped in their exit strategy. Many franchisees who want to leave the system are no longer putting forth the effort they they put forth in the first year they opened their doors. By helping a new franchisee take over the location, they can reinvigorate the market and increase their royalty stream from the location. If they aren’t careful, the location can flip to a competitor or just close.
Franchisees should be told that leaving the system is part of franchising and they can help with the transition that will enable them to get a fair purchase price. This is especially true for franchisees that are in trouble and behind in debt or rent payments. By coordinating the efforts and negotiating with the banks and the landlord a potentially disastrous situation can be turned into an opportunity. Read more »
Most business owners do not realize that there is a difference between a franchise and a business opportunity. Franchises are regulated by both the federal law (FTC regulation) and by certain state franchise laws. Business opportunities are also regulated under both certain states' laws and the FTC. Currently the FTC is in the process of promulgating new laws governing business opportunities.
Franchises, under the federal franchise law are business arrangements that meet three criteria: 1) there is a trademark owned by the seller under which the investor operates; 2) the seller receives $500 or greater in the first 6 months that the investor is in business (for product, training or anything else); 3) the seller exercises sufficient control over the investor and the investor's business. If these criteria are met, the FTC franchise law states that the seller/franchisor must provide a regulated franchise disclosure document (FDD) to a prospective franchisee/investor at least 14 calendar days prior to accepting any money from the investor and prior to the investor signing any contract with the franchisor/seller. Read more »