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Vol 15 (2017) - Issue 3

Avoiding common mistakes in international franchising

Carl E. Zwisler, Gray Plant Mooty, Washington, D.C., USA and Beata Krakus, Greensfelder, Hemker & Gale, Chicago, USA

This is the fifth article in the series “Avoiding Common Mistakes in International Franchising.” In the following pages, the authors discuss training, support and adaptation challenges in international franchising, with a focus on market selection, legal due diligence, IP protection, security agreements and guarantees and withholding taxes.

LOI, term sheets, mou’s and other interim deal documents in international franchise transactions

Andria B. Hill, Hilton, McLean, USA, Andrew Loewinger, Nixon Peabody LLP, Washington, D.C., USA, Babette Märzheuser-Wood, Dentons UKMEA LLP, London, UK and Francesca R. Turitto, Roma Legal Partners, Rome, Italy

Interim deal documents help franchisors manage complex negotiations in the context of international expansion, which requires them to navigate different business, legal and cultural landscapes. Parties use these documents to agree on material terms, set expectations and provide a roadmap for the transaction before engaging in extended negotiations of a franchise agreement. This article discusses the various legal and regulatory issues franchisors should be aware of when negotiating interim deal documents.