I see franchise law as more than simply offering legal solutions—it’s about delivering practical business and legal guidance designed to advance a client’s business objectives. I want to ensure that every client receives the personal care, responsiveness and attention to detail that I would want. My role is to support people, organizations and businesses as they face challenges, navigate complex regulations and succeed in an ever-evolving environment. Knowing that my efforts can contribute to a company’s growth and, in turn, positively impact individuals, communities and the broader economy is incredibly fulfilling. One client said, “I have worked with multiple outside counsel, and what the best outside counsel does is meet us where we are. Mark does that.”

As a domestic and international franchising and distribution attorney, Mark Kirsch counsels franchisors on business and regulatory matters. He assists clients with sales, international expansion, franchise M&A transactions, regulatory compliance and structuring business arrangements to avoid being classified as an “accidental franchise.”

A significant portion of Mark’s practice includes serving as special franchise counsel in franchise M&A transactions, involving both franchise system transactions and the sale of large multi-unit franchise portfolios. Mark’s role, in which he has received numerous compliments for his practical and commercial approach to the deals, includes:

  • Strategic guidance on structuring franchise M&A transactions
  • Franchise due diligence
  • Purchase Agreement franchise-specific issues and drafting
  • Addressing critical issues with management, lenders and rep & warranty insurers
  • Providing pre- and post-closing franchise compliance advice and transaction regulatory work
  • Leading teams of franchise lawyers to efficiently attack and address the multifaceted issues that arise in franchise M&A deals

Mark takes a holistic approach to collaborating with a diverse range of clients, from start-ups and emerging franchisors to large national and multinational companies across various industries.

He serves clients in the following industries:

  • Automotive aftermarket services
  • Business services
  • Education
  • Fitness and health care
  • Home services
  • Hospitality
  • Manufacturing and distribution
  • Real estate
  • Restaurant, food and beverage
  • Technology and telecommunications
  • Wholesale and retail

When franchisors work with Mark, they gain benefits that contribute to the success and legal compliance of their business, including:

  • Corporate and commercial counsel
  • Dispute resolution
  • Franchise agreement drafting and review
  • Franchise Disclosure Document (FDD) compliance
  • Growth, expansion and exit strategy, including business development
  • Licensing
  • Protection of intellectual property assets, including trade secrets and trademarks
  • Regulatory compliance
  • Risk mitigation

Mark’s nearly 40 years of experience includes developing franchise and distribution systems, drafting and negotiating franchise and asset purchase agreements, and ensuring compliance with state and federal regulations.

Actively engaged in the franchise sector, Mark has been instrumental in designing and delivering Lathrop GPM’s Increasing Diversity in Franchising program. He previously served as chair of the International Franchise Association’s (IFA) Supplier Forum and as a member of its Board of Directors. He also is a guest lecturer in franchise classes for undergraduate and MBA students.