Robert Alex Fleming is a Franchising Attorney in Puerto Rico
A franchise has many definitions but in its core is a a method of distributing products and services through closely-affiliated parties. It is an ongoing, structured and contractually based relationship whereby the owner of the business (‘franchisor’) grants the distributor (‘franchisee’) a limited license (‘franchise’) to sell its products or services under the franchisor’s trademark and system of doing business while obtaining from the franchisor ongoing support. In exchange the franchisee pays the franchisor an initial fee and ongoing royalties.
Franchisors in Puerto Rico must abide by the provisions of The Federal Trade Commision’s Franchise and Business Opportunity Rules. Furthermore Puerto Rico Dealers Act, Law 75, protects local distributors, dealers and sales representatives from a manufacturer’s arbitrary termination or impairment of their commercial relationship.
Franchise Lawyer with Industry Knowledge. Mr. Fleming has been in the franchise and distribution industry for years. As a former master licensee himself, Fleming understands the business and legal intricacies of franchising and the relationship between a franchisor and its franchisees. He has seen too many franchises not properly addressing their legal issues; often seeking last-minute advice. Given the money, time and long-term commitment expected, it only makes sense to thoroughly understand the contractual obligations.
Knowing what matters. As a franchising attorney in Puerto Rico, Fleming is thoroughly familiar with the key documents in the sales and contracting process – the franchise agreement and the Franchise Disclosure Document (FDD); a comprehensive document that discloses franchise information as mandated by the Federal Trade Commission (FTC). Fleming knows the business and legal issues covered by these documents as they affect the franchisor, master licensee, sub-franchisor or franchisee. For example, the FDD must be in compliance with specific rules and furnished to prospective franchisees before they actually buy the franchise they’re interested in.
Having helped franchisors in Puerto Rico draft and manage their own franchise agreement and FDD, Fleming is uniquely poised to assist both the franchisor and the prospective franchisee navigate these legal and regulatory hurdles; whether it is to collaborate with franchises to assure regulatory compliance and brand consistency or to help the franchisee process the information and make informed decisions. The latter includes breaking down contract terms and obligations to help determine those that are common practice in a franchise relationship (and part of the risk of entering into the franchise) from those that may be excessive or unusual.
Advise you on choosing a business entity. Choosing the right business entity for your new franchise is crucial. A franchising attorney can offer assistance in choosing a legal structure for the business, such as a Limited Liability Corporation (LLC), or a regular corporation. A decision that has long-term implications.
Experience and Expertise in State and Federal Courts: While many trial attorneys specialize primarily in local state court practice, Robert Alex Fleming practices regularly in Federal Courts as well as State Courts. In addition, Fleming, besides being an arbitrator himself, has years of expertise representing clients in arbitration.