Commercial Real Estate

What Do Commercial Real Estate Attorneys Do?

Commercial real estate attorneys specialize in legal matters related to commercial properties. Their expertise covers a wide range of activities essential for businesses dealing with real estate transactions. Here are some key roles they play: 

• Transaction Management: They handle the legal aspects of buying, selling, and leasing commercial properties. This includes drafting, reviewing, and negotiating contracts to ensure all terms are favorable and legally sound. 
  
• Zoning and Land Use: These attorneys help businesses navigate zoning laws and land use regulations, which dictate how properties can be used. They assist with rezoning applications, variance requests, and compliance with local ordinances. 
  
• Title and Due Diligence: Ensuring clear property titles and conducting thorough due diligence are critical tasks. Attorneys investigate property histories to identify any legal issues that could affect ownership or use. 
  
• Financing and Development: They assist with securing financing for real estate projects and guide clients through the development process, including obtaining necessary permits and adhering to environmental regulations. 
  
• Dispute Resolution: When conflicts arise, such as landlord-tenant disputes or breaches of contract, commercial real estate attorneys represent their clients in negotiations or court proceedings to resolve issues effectively.
  

Different Scenarios Where You'd Need a Corporate Law Attorney

Corporate law attorneys are essential for navigating the complex legal landscape of business operations. Here are some common scenarios where their expertise is crucial: 

• Mergers and Acquisitions: Legal guidance is vital during mergers and acquisitions to ensure compliance with regulations, proper valuation, and smooth negotiation of terms.
  
• Shareholder Disputes: Conflicts among shareholders can lead to significant legal battles. Attorneys help resolve issues related to voting rights, dividend distribution, and breaches of fiduciary duties. 
  
• Contract Disputes: Disagreements over contract terms or execution can escalate into legal disputes. Corporate law attorneys enforce contracts or seek damages for breaches. 
  
• Employment Issues: Legal challenges such as wrongful termination claims, discrimination lawsuits, and wage disputes require expert legal representation to navigate employment laws and protect the company's interests. 
  
• Intellectual Property: Protecting intellectual property rights is crucial for businesses. Attorneys help enforce patents, trademarks, and copyrights, and defend against infringement claims. 
  
• Regulatory Compliance: Businesses must adhere to various regulations. Attorneys assist in responding to investigations or regulatory bodies' enforcement actions. 
  
• Antitrust and Competition: Legal issues related to market competition, monopolies, and unfair business practices require specialized legal expertise to address and resolve.

Each of these scenarios involves complex legal challenges that corporate law attorneys are equipped to handle, ensuring businesses operate smoothly and within the bounds of the law.

How Corporate Law Applies to Franchisors and Franchisees 

Corporate law plays a crucial role in the franchising industry, governing the legal relationships and obligations between franchisors and franchisees. Here are some key aspects of how corporate law applies to both parties: 

For Franchisors 

• Formation and Structure: Corporate law guides franchisors in establishing their business entities, whether as corporations, limited liability companies (LLCs), or other structures. This includes drafting articles of incorporation, bylaws, and operating agreements.
• Franchise Agreements: Franchisors must create comprehensive franchise agreements that outline the terms and conditions of the franchise relationship. These agreements cover aspects such as franchise fees, royalties, operational standards, and territorial rights.
• Compliance and Disclosure: Corporate law requires franchisors to comply with federal and state franchise laws, including the Federal Trade Commission's (FTC) Franchise Rule. This rule mandates the provision of a Franchise Disclosure Document (FDD) to potential franchisees, detailing essential information about the franchise opportunity. 
• Intellectual Property Protection: Franchisors must protect their trademarks, trade secrets, and other intellectual property. Corporate law helps in registering and enforcing these rights to ensure brand consistency and prevent unauthorized use. 

For Franchisees

• Contractual Obligations: Franchisees enter into legally binding franchise agreements with franchisors. Corporate law governs these contracts, ensuring that franchisees understand their rights and responsibilities, including adherence to operational guidelines and payment of fees.
• Business Formation: Franchisees must establish their own business entities to operate the franchise. Corporate law assists in choosing the appropriate structure, such as an LLC or corporation, and in complying with registration and licensing requirements.
• Dispute Resolution: Corporate law provides mechanisms for resolving disputes between franchisors and franchisees. This can include mediation, arbitration, or litigation, depending on the terms of the franchise agreement.
• Regulatory Compliance: Franchisees must comply with local, state, and federal regulations governing their business operations. Corporate law helps navigate these requirements to ensure legal compliance and avoid penalties.

Corporate law ensures that both franchisors and franchisees operate within a structured legal framework, promoting fair and transparent business practices. By understanding and adhering to corporate law, both parties can build successful and sustainable franchise relationships.