The Law Office of Peter N. Greenfeld P. C. handles litigation and transactional work for individuals and businesses regarding franchise, intellectual property and unfair competition matters. As an Arizona Franchise Lawyer, Peter Greenfeld is one of the few business lawyers who primarily represents franchisees. He has been practicing law for over 15 years and worked in major California and Arizona law firms representing franchisors before starting his own practice representing franchisees and franchisors. Located in the heart of Phoenix, Peter N. Greenfeld P.C., provides Arizona franchises with assistance on a wide variety of franchise matters. He also represents franshisors on litigation matters and transactional matters that include setting up a Franchise System.
Franchisees may have a number of concerns or issues related to their existing franchise or decision to purchase a franchise. They may need the assistance of a Franchise lawyer who primarily represents franchisees in matters that include disputes and issues related to: the purchase of a franchise, wrongful or early termination, encroachment, default of the franchise agreement, franchise non-competition, royalty disputes, breach of the franchise agreement, fraud and misrepresentation, franchisor advertising funds, site selection of the franchise or franchise renewal. We offer an in-depth analysis of franchisee documentation at a flat fee that provides findings, conclusions and recommendations that include what is typical in many franchise agreements, what parts of your franchise agreement you may want to renegotiate, references to "hot button" areas of current franchise litigation and disputes that may be in your franchise agreement. We also explain what a franchisor is supposed to disclose in the UFOC.
Franchisee Friendly: You'll find the services of Peter Greenfeld unique in that he brings you the benefit of his large law firm litigation experience, but in a more personalized setting with a human touch. He understands the financial restraints of many franchisees and is not afraid to offer realistic strategies tailored to individual circumstances. As such, clients gain the benefit of top notch advice without the fear of having their case prolonged unnecessarily. Consequently, most of Mr. Greenfeld's business comes from the referrals of highly satisfied clients.
Franchisor Representation and Litigation: Mr. Greenfeld also provides counseling and advice to franchisors. His representation includes: Franchisors in work-outs with Franchisees owing fees, not meeting system standards or otherwise not meeting their contractual obligations; Procedural motions in local Arizona courts for dismissal and/or transfer to the forum designated in the Franchise Agreement; Termination actions, including those for injunctive relief to stop infringing use of the Franchisor Marks and/or trade dress, enforcement of non-competes, confidentiality clauses and otherwise violations of the Uniform Trade Secrets Act; Trademark infringement actions against third-parties infringing on the Franchisor Marks and/or trade dress. Litigation matters might also include enforcement of in-term covenants not to compete, post-term covenants not to compete, non-payment of royalties and/or advertising fees based on claims of recession, defense of fraud claims, defense of fiduciary obligations claims and other defenses or claims against the franchisor such as breach of the implied covenant of good faith and fear dealing and violation of consumer protection acts. Peter Greenfeld also defends Franchisors in vicarious liability claims. Reduced hourly rates for Franchisors and/or the insurers may be available for vicarious liability claims.
Setting up a Franchise System: Businesses or individuals may also require the advice and counsel of a Franchise Attorney prior to setting up a Franchise System or as their existing Franchise expands. For some businesses franchising is a good strategy to help their business grow. It does require consideration of factors that may not have been the focus of the original business plan or that are unique to franchising. With over 15 years of litigation and transactional experience for individuals and businesses in franchise, intellectual property and unfair competition matters, Peter Greenfeld’s experience at some of the major California and Arizona firms allows him to provide Franchisors with “Big Firm” expertise at a more affordable rate and in a more personal manner. The Firm can assist Franchisors with franchise disclosure and set-up.
Scope of Franchise Work: As a franchise lawyer, Peter Greenfeld can negotiate terms of a Franchise agreement on behalf of a franchisee. Mr. Greenfeld has handled franchise cases that have involved issues of termination, infringement, royalties, encroachment, rescission, fraud, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, unregistered franchise, choice of law and forum and arbitrability of claims. He also represents franchisors with trademark protection, litigation matters and disputes. Litigation matters include issues regarding in-term covenants not to compete, post-term covenants not to compete, non-payment of royalties and/or advertising fees based on claims of recession, fraud claims, fiduciary obligations claims and other allegations,defenses or claims such as breach of the implied covenant of good faith and fear dealing and violation of consumer protection acts.
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Advocacy and Counsel for Franchisees: Certainly, the experience at Peter Greenfeld P.C. teaches that one of best strategies for attaining and keeping one's goals in franchising is to seek legal assistance before disputes arise. Hence, in addition to negotiation and litigation advice, Peter N. Greenfeld P.C offers Arizona Franchisees a flat fee to review franchise agreements before they are signed or renewed. Legal advice before any legal relationship is established between franchisee and franchisor is essential.
Bankruptcy for Franchisees: Unfortunately, many franchisees are not doing so well in the existing economy with the current credit crunch. We also examine bankruptcy as a possible option for financially troubled franchisees.
The UFOC/FDD and the Franchisee/Franchisor:
The Unform Franchise Circular or UFOC as it referred to may seem like some standard boilerplate typical in every franchise agreement. However, it is important for every Franchisee to read this document very carefully. Not every UFOC (now referred to as the FDD or Federal Disclosure Document) is standard and it can vary from franchise to franchise. Indeed a small word change here or there or an extra line can undermine an important expectation on the part of the franchisee. In fact, in addition to the Franchise Agreement, the UFOC/FDD discloses many of the important issues regarding the role and responsibilities of the Franchisor and the Franchisee and it can take several readings to make sure those responsibilities are clearly understood. This where your typical transactional attorney without Franchise expertise may not be so helpful. There are issues pertinent to franchises that do not exist or may not carry the same import in other transactions. For one thing, franchises are goverened by the FTC which set up important franchising laws to regulate franchises. A franchise lawyer can help you understand this documentation, the rules and the regulations whether you are a franchisee or franchisor. They can assist with set-up, purchase, drafting, negotiation, interpretation and protection of the franchise.
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Experience: Peter Greenfeld has over 15 years practicing civil litigation and handling transactional matters His practice areas include franchise, trademark, patent, copyright, trade secret, and unfair competition matters.
IP & Business Law: Though the primary emphasis of his practice is focused on franchisees, Mr. Greenfeld has several years experience representing various businesses with trademark, patent, copyright and transactional matters. These overlapping areas provide welcomed experience for the franchisee.
These practice areas encompass:
- Franchise:
-Representation of franchisees
-Review of UFOC and franchise agreements for potential franchisees
-Purchase of existing franchises
-Negotiation of franchise agreement terms
-Representation of franchisees in mediation and arbitration
-Litigation of franchise disputes
- Cyber squatting and other domain name disputes
- Trademark & Copyright Contracts: drafting, negotiation and review
- Trademark Registration
- Violations of the Trade Secrets Act and other Unfair Competition disputes
- Trademark, Copyright and Trade Secret protection
Additional Information: Mr. Greenfeld is licensed to practice in Arizona and California. He received his J.D. in 1991 from Loyola Law School. He also has a Masters in Government Administration that he received in 1987 from the University of Pennsylvania. He is a graduate of Vassar College.
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Professional Memberships & Achievements
Peter Greenfeld has a distinguished background of awards and memberships demonstrating his commitment to his profession and community service. These include: Award of Honor by the County of Los Angeles California in recognition of leadership role and outstanding community service towards the enhancement of the Philipino World War II Veterans in their Battles of Remembrance; Award by the City of Carson, California for Championing the Cause of Philipino-American WWII Veterans presented by the City Council and Citizens of Carson, Former Assistant National Judge Advocate promoting Philipino Equity Act of 1995, Former Legal Counsel of the C-17 Aerospace Committee, Former member of the Board of Directors of Family Service of Long Beach, Current Member Intellection Property Section of Arizona State Bar.
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Excerpts From Our Franchising Blog
Many Franchisees and Franchisors find it helpful to read general information about what is happening in the franchise world. Our franchising BLOG is updated regularly to cover matters affecting franchises that include marketing trends, financing resources, court cases and decisions with respect to franchises and franchise law, ongoing or recent disputes or litigation between franchisees and franchisors. You may find this information of interest whether you are still deciding whether to purchase a franchise or set up a franchise system. We encourage our readers to check our blog on Franchising and Franchise Law if you would like our updates and information regarding real life franchising. Some of our recent blog entries are noted below and on our franchising update page. You can refer to the blog for additional information. It will help provide you with a general overview of the franchising world, but you should consult with a franchise attorney if you have specific questions about your business or franchise or to learn specificallly about franchise law since our overview is for general information only.
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Phoenix Franchisees Warm Up to Fro-Yo Franchising in Arizona
Phoenix trend setters may soon be seeing local Arizona entrepreneurs trying out the new frozen yogurt-calorie conscious new taste developed from a concept imported from South Korea called "fro-yo." A brother and sister team located in Scottsdale, Arizona, Susie and David Cha, have found franchising may be the way to go to help this concept take off by opening its first Ice Tango early this year in north Scottsdale. Click Here for additional information on how these Arizona entrepreneurs hope to make Franchising work for their business.
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Resort Spa Growth For Arizona Franchisees
Hand & Stone franchises allow a monthly membership which offers spa treatments to members at a more affordable rate than some resort spas. Three Hand & Stone franchises currently operate in Scottsdale, Anthem and Chandler. Jill Fleming and her husband, John are opening this new Arizona Franchise in March at Cactus Road and Tatum Boulevard. Click Here for additional information on Arizona Franchising trends.
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One tip we always provide is that franchisees consult with a franchise attorney prior to purchase of the franchise so that they are confident that their purchase is what they want. Prospective franchisees should also keep in mind the benefits of being hands-on, performing research on existing franchisees and forging good business mentors. This can be done through small business groups or industry related vendors or other franchisees.
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Small Business Loan Resources for Arizona Franchisees
Certainly, there are many costs involved in purchasing a franchise beyond the franchise fee or royalty payment. These may include costs to purchase equipment for your franchise, advertising or training. There are various strategies or resources that franchisees use to raise money for their franchise. They may include second mortgage loans, borrowing money from the franchisor, family or friends or looking for a partner. Many franchisees also look to their local Small Business Administration or SBA as a possible source. The SBA in Arizona is located in Phoenix at 2828 North Central Avenue. Click Here for additional information on Small Business Administration loans for Arizona Franchisees.
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You may contact Peter N. Greenfeld P.C. at 602-954-2200 or use EMAIL. Please do not include any confidential or sensitive case information in the comment box. We enter into an attorney-client relationship only pursuant to a signed Terms of Representation and Fee Agreement after running a check for any conflict of interest.
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