Franchise Legal Players: Marlén Cortez Morris of Cheng Cohen LLC

Name: Marlén Cortez Morris

Firm: Cheng Cohen LLC

LinkedIn: www.linkedin.com/in/marlencortezmorris

About Your Firm: Cheng Cohen LLC is the franchise industry’s full service boutique law firm. We provide uncompromising client service and sound, practical legal advice to franchise and distribution clients for a fair and reasonable fee to help clients grow and maintain their brands.

Website: www.chengcohen.com

What makes your firm stand out as a resource for the franchise industry?
Cheng Cohen is constantly recognized as one of the leading franchise law firms in the country. It provides franchisors, licensors, and distributors with the comprehensive business-oriented legal services, litigation support, and development assistance they need to efficiently and effectively expand and maintain their brands around the world. In addition to its consistent first tier ranking for franchising by U.S. News – Best Lawyers® Best Law Firms, Cheng Cohen has also been recognized by Chambers & Partners USA as a leader in franchising for both client service and commercial awareness. Our attorneys serve in thought-leadership positions on various industry committees and bar associations, so we are always at the forefront of the franchise industry.

What is the No. 1 thing a franchisor/franchisee should look for when identifying the right franchise attorney?
It is key to find someone who understands the client’s business and goals because legal counsel can then help the client reach those goals. A good franchise attorney will also offer proactive and strategic guidance to help the client navigate through murky legal waters without losing sight of the business objectives. It is when the client and the attorney work as partners that a trusting and valuable relationship is formed.

When it comes to your work, what makes you happiest?
I enjoy working with so many inspiring entrepreneurs, whose vitality, determination, and perseverance led them to start, grow, and maintain their franchised businesses. I can only be honored to be a little part of the puzzle that helps my clients carry on their vision for their businesses.

What are your top concerns for the franchise industry in the next year?
Joint employment continues to concern my clients and impact their business practices, so it’s an area that I watch closely. There has been movement in recent months both at the NLRB and legislative fronts to restore the traditional control standard for purposes of what constitutes joint employment under the federal labor and wage and hour laws. But no definitive answer has yet been reached. At the same time, the U.S. Court of Appeals for the Fourth Circuit last year adopted a new test for evaluating joint employment liability under the federal wage and hour law that could be broader than any other joint employment test to date and, thus, significantly impact franchised businesses in those states (North Carolina, South Carolina, Maryland, Virginia, and West Virginia). In addition, states continue to make legislative efforts to limit joint employment liability under various states’ laws. All this means that joint employment continues to be an area to watch.

What are you most optimistic about in the franchise industry in the next year?

The franchise industry is resilient and thriving. It continues to grow notwithstanding regulatory and legal hurdles. I am optimistic that more women and minority entrepreneurs will join the franchising world next year. I also look forward to seeing how both established and emerging franchise brands help shape the franchise industry next year through technology and innovative products and services.