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The Internicola Law Firm, P.C. Blog

A Blog All About the Expansion and Protection of Your Business and Business Interests

The Internicola Law Firm Blog is all about the expansion, protection and improvement of your business and business interests. In this popular publication Charles N. Internicola, Esq. and the attorneys at The Internicola Law Firm discuss important issues involving:

  • Franchising Your Business;
  • Buying a Franchise;
  • Business Transactions;
  • Partnership Disputes; and
  • Legal counsel for your business

Franchisee Profitability: 8 Days, 8 Months or 8 Years

This afternoon in consulting with a client who had recently signed a franchise agreement involving a substantial commitment of capital, I was reminded about the importance of maintaining realistic expectations when buying a franchise. When discussing his expectations about his franchise purchase and the business that he will be developing,…

Date: 02/08/2016 | Category: General

Franchisor Basics: Disclosure of Financial Statements

Under the Federal Franchise Rule franchisors are required to disclose their “Financial Statements” in Item 21 of the Franchise Disclosure Document. All financial statements must be prepared in accordance with Generally Accepted Accounting Principals (GAAP) and in all but an extremely limited number of situations involving a start-up franchisor, a…

Date: 02/01/2016 | Category: Start a Franchise

Buying an Existing Franchise: Is their Value in the “Franchise System”?

When  purchasing an existing business (whether a franchised or independent operation) prospective purchasers are faced with the critically important task of conducting a due diligence evaluation/investigation of the business under consideration.  While there are many steps to the due diligence process and while many of these steps are the same…

Date: 01/25/2016 | Category: Buy a Franchise

Start-Up Franchisors: What is the Right Franchise Fee and Royalty Structure for Your System?

For the start-up franchisor (and even established franchisors) determining the appropriate franchise fee and royalty structure for your franchise system is a critical task that will have long standing implications. The fee structure that you establish will serve as the primary source of revenue for your franchise system and will…

Date: 01/18/2016 | Category: Start a Franchise

Business Success: It’s Always About the Small Stuff

Business Success: It’s Always About The Small Stuff As Featured in Charles N. Internicola’s Business & Franchise Law Report Vol. 4 Issue 1 Some of the best business advice that I received came from my friend, colleague and mentor Ben Glass, Esq. During a business development meeting, I had a…

Date: 01/14/2016 | Category: Firm News

Starting a Franchise: How Should You Approach the Development of Your Disclosure Documents

For the successful business owner considering the franchised expansion of his or her business one critical question that must be answered is: How do you approach the preparation and development of your franchise agreement? That is, do you approach the preparation and development of your franchise agreement (and franchise disclosure…

Date: 01/11/2016 | Category: Buy a Franchise

Can You Find Success in “Re-Opening” a Previously Failed Franchise Location?

Recently on satellite radio I listened to a radio advertisement, allegedly, by a national franchisor promoting the resale of what I believe to be previously closed franchise locations. The franchisor is allegedly Quiznos and this morning I checked out their website relating to their promotion and sale of opportunities relating…

Date: 01/04/2016 | Category: Buy a Franchise

License Agreements, Franchise Agreements, and Unintended Consequences in the State of New Jersey

Can you expand your business in the State of New Jersey through a license agreement without triggering New Jersey’s franchise relationship laws?  (This is not a simple question and, unfortunately, the answer involves an evaluation of both objective and subjective factors.)

Date: 12/28/2015 | Category: General

You Can’t Blame Franchisors for Everything: You Do Have Options Before Signing a Franchise Agreement

Recently I received some interesting and insightful comments from an individual commenting on issues involving franchisee rights. Her main point of contention appears to be the disparity of bargaining power and legal rights between franchisors and franchisees. While this is certainly an issue of concern, I believe that her comments…

Date: 12/21/2015 | Category: General

Myth: It is Illegal for a Franchisor to Negotiate and Modify the Terms of its Franchise Agreement?

In certain franchise sales settings, franchisees are sometimes led to believe that modifications cannot be legally made to their franchise agreement. That is, to induce a franchisee to sign the franchise agreement – without the benefit of any negotiations or review by a franchise attorney – the franchisee is led…

Date: 12/14/2015 | Category: Corporate Counsel