Experience

FFW is ranked in the top tier in The Legal 500, 2003-4 and Chambers & Partners, 2003 guides for its franchising and licensing practice.

The Legal 500 comments: "In the top tier is Field Fisher Waterhouse's franchising practice, which features Mark Abell and continues to advise on a wide range of franchising matters for clients such as Regus (on its global roll-out), US restaurant chain Applebee's, and Dominos Pizza. The firm is recommended for both contentious and non-contentious matters, with partner Babette Märzheuser-Wood respectively well regarded in these areas."

Chambers & Partners comments: "The firm's ability to provide 'a full service across a range of issues' wins it an impressive following among clients. In addition to its domestic work, it is also involved on an international level, rolling out franchising concepts throughout the EU, the USA and the Middle East as well as Australia and South America. A prominent example is advising Regus on its worldwide rollout and subsequent retrenchment. The group advised MRI Worldwide on the implementation of an international franchising strategy. Dispute resolution also forms a part of the workload here. The team advised Domino's Pizza on a number of franchise disputes and carried out a fundamental strategic review of the franchise."

Examples of work

Business and Professional Services

  Regus Plc -  advising Regus Plc on its worldwide roll out and subsequent retrenchment.  This is funded by the £230 million that Regus raised by its flotation on the London and New York Stock Exchanges a couple of years ago.  Our work has involved the structuring of the franchise audit and roll out in 20 countries worldwide. 

  MRI Worldwide - advising on new international strategy and its implementation in Spain, Germany, France, Scandinavia, Singapore, Malaysia, China, Hong Kong, the Phillipines and Thailand (MRI Worldwide is part of the CDI Group a Fortune-100 company).  Most recently we advised upon the quantity of a new master franchise for Japan.

  Sign-a-Rama - advising this leading US franchisor on its EU roll-out.

  Minuteman - advising this high profile US franchisor on its EU roll-out.

   managing Mail Boxes Etc.'s dispute with its Spanish and UK master franchisee resulting in the transfer of the rights to a new corporation and the brand's subsequent success in the UK.

Restaurant/Food Sector 

   Yo! Sushi - we have structured this franchise and are now implementing its international roll-out

   the My Kinda Town/Capital Radio Restaurant global - advising on its roll-out including the EU

   Burger King - advising on its entry into the Italian market.

   the negotiation of the Pizza Hut franchise in Europe.

   rolling out the O'Brian Sandwich Bar franchise in Germany

   the syndicated sale-back of 30 franchised restaurants to Pizza Express for £25 million, the first ever deal of its kind.

   the resurrection of Domino's Pizza in the UK following the failure of earlier master franchisees and building it to be nominated the BFA's Franchisor of the Year in 2004.

   the strategic phased withdrawal of the Little Caesar franchise from the UK. 

    placing the Garfunkels restaurants in the Forte hotels in the UK. 

   the franchisee buy in of the Pierre Victoire restaurant chain  

    Applebee's - conducting a multi-million pound arbitration in Germany and the Netherlands for one of the USA's largest franchisors against its master franchisees in those countries.

    Outback Steakhouse - advising on franchise litigation in Germany against its Master Franchisee.

Car Rental Sector 

    Budget-Rent-a-Car - advising on its compliance with EU anti-trust law

   advising National Rent a Car on its global roll-out including EU Member States. 

Retail Sector 

    Marks & Spencer - advising on its international roll-out

    Arcadia - advising on its international roll-out

    rolling out the BhS retail franchise throughout a number of EU member states and managing disputes with their master franchisee in Spain and Portugal. 

    rolling out the Sears retail franchise wordwide including various EU member states.

   advising Laura Ashley on its global franchise rollout and management.

   the franchisee buy-in (FBI) of the Athena franchise from the receiver of Pentos Group. Again, the first deal of its kind. 

    the creation of the First Quench (the UK's largest liquor retailer) joint venture franchise and its large-scale phased roll-out throughout the UK. Again, the first of its kind. 

    G-Star - structuring and advising upon the roll-out of its international franchise network

Property Sector  

    advising ReMax on its European Franchise roll-out.  

Mobile Services Sector 

    advising Snap-on-Tools on the rationalisation of its franchise networks in the EU. 

    the creation and roll out of the Caterpillar hydraulic hose franchise. 

    advising Pirtek on its roll-out

Leisure

   Curves - advising this leading US franchisor on its EU roll-out

   Bailine - advising this Norweigen franchise on its EU international roll-out

Infra-structure

   turning the Yorkshire Electricity Board's facility maintenance department into a successful public utilities service franchise. 

Cleaning Services

    Jani-King - advising the UK and Spanish master franchisees on the roll-out of their business.

    Rainbow - advising this US franchisor on its EU interests

    Swisher - advising on the development of this award-winning UK franchise network.  

Dispute Resolution

Major US Franchisor - Acting for a major US franchisor on an arbitration where the claim brought by its German Master Franchisor was satisfactorally resolved quickly for less than 15% of the amount claimed which was approximately $5million and on another multi-million dollar claim brought against it by its Dutch master franchisor which was dismissed with its counterclaim for US $1.5million plus costs being awarded in its favour.

    The Dyno Group - acting for the franchisor in an action against a franchisee for breaches of the Franchise Agreement, including non-compete clauses, and obtaining from the High Court a freezing injunction and a search and seize order against the franchisee.  The Orders were successfully executed, enabling a quick and favourable settlement to be reached including transfer of assets to the franchisor to cover legal costs and damages.

    Vehicle Options - acted for Vehicle Options in defending a petition, brought by the DTI, that it would be in the public interest to wind-up the company.  This was the first such case to be brought against a franchisor based on alleged misrepresentations and is further evidence of FFW’s cutting edge Franchise Litigation practice.  The case went to a full five day trial and was concluded when the DTI agreed to discontinue the petition in a resounding (if belated) acceptance of Vehicle Option’s position. 

    Rossdora - acting for the master franchisee for Signs Express for Ireland, obtaining an injunction, within 24 hours of being instructed, to restrain the purported termination of the Master Franchise Agreement.  Claim subsequently resolved by way of mediation.

    Minuteman - we have acted for Minuteman in a number of disputes, three of which we have recently been settled on very favourable terms to Minuteman.  One involved applying for an injunction against a franchisee whose Franchise Agreement had been terminated and who was continuing to trade in breach of the post-termination restrictions.  Another related to a potential dispute with the BFA about whether Minuteman could exhibit at its exhibitions which raised issues about the powers of the BFA to exclude potential exhibitors under the Competition Act.  We secured agreement from the BFA for Minuteman to exhibit at future exhibitions