Top Franchise Lawyers: Andrae J. Marrocco of McMillan LLP

About Andrae J. Marrocco:

Andrae J. Marrocco, is a partner and co-chair of the Franchise & Distribution Law Group, McMillan LLP, one of the preeminent full service national Canadian law firms offering best in class legal services to franchisors across the globe. His practice focuses on international franchising, franchise M&A, and general Canadian franchise and distribution matters. Marrocco works with businesses and franchise systems, from start-ups to mature international enterprises, across a broad range of industries including professional services, technology, automotive, restaurant, fitness and healthcare, childcare and education, manufacturing and commercial services.

About McMillan LLP (from firm’s website):

McMillan is a leading business law firm serving public, private and not-for-profit clients across key industries in Canada, the United States and internationally. With recognized expertise and acknowledged leadership in major business sectors, we provide solutions-oriented legal advice through our offices in Vancouver, Calgary, Toronto, Ottawa, Montréal and Hong Kong. Our firm values – respect, teamwork, commitment, client service and professional excellence – are at the heart of McMillan’s commitment to serve our clients, our local communities and the legal profession. 

1851 Franchise: What drew you to franchise law and what are some of the things you like about working in the field? 

Andrae J. Marrocco: I was immediately drawn to the multi-faceted nature of the franchisee-franchisor relationship. The way franchising incentivizes all involved and spreads the risks and rewards between so many business owners is remarkable. As a lawyer, assisting franchisors in getting that complex structure right is rewarding.

1851: What is something you think every franchisor should know about franchising? 

Marrocco: Many franchisors don’t realize that best-in-class documentation is critically important. Franchisors need to make sure that the right covenants are in the right agreements and that the right corporate entities are recorded appropriately.

1851: What is something you think every prospective franchisee should know about franchising before diving into the industry? 

Marrocco: Incoming franchisees should communicate with their franchisor from day one. Coming to a franchisor with a sophisticated business plan and growth strategy goes a long way to cultivating a successful relationship from the outset.

1851: What’s your take on the new NLRB joint-employer ruling?

Marrocco: It is a tricky thing to address, and requires careful thought and drafting to ensure that franchisors are protected.

1851: What do you see as the biggest or most interesting topic in franchising over the next year and why? 

Marrocco: One of the biggest trends for 2020 is an increasing appetite for international expansion beyond traditional borders earlier on in the life-cycle of franchise systems. This requires franchise lawyers to have a broader understanding of the widening regulatory regimes across the globe together with a firm grasp on issues that are pertinent to structuring and implementing international transactions. McMillan has the expertise, experience and bench-strength to competently advise clients on such expansion.