1851

In 2012 partners <a href="https://www.linkedin.com/in/brian-lincer-57a98a12/?utm_source=1851franchise.com&utm_medium=article&utm_campaign=top-franchise-lawyers-brian-lincer-of-internicola-law-firm-2713432" target="_blank" rel="nofollow">Brian Lincer</a> and <a href="https://www.linkedin.com/in/charles-internicola-42506910/?utm_source=1851franchise.com&utm_medium=article&utm_campaign=top-franchise-lawyers-brian-lincer-of-internicola-law-firm-2713432" target="_blank" rel="nofollow">Charles Internicola</a> founded <a href="https://www.franchiselawsolutions.com/?utm_source=1851franchise.com&utm_medium=article&utm_campaign=top-franchise-lawyers-brian-lincer-of-internicola-law-firm-2713432" target="_blank" rel="nofollow">Internicola Law Firm</a> with the explicit intent to help businesses grow. Beyond providing legal counsel, the firm has developed a suite of tools and resources specifically for companies and entrepreneurs.&nbsp;Lincer’s dedication to supporting business owners is personal and stems from a long family history of entrepreneurship. We spoke with Lincer about growing up in a family of business owners, how franchise law incorporates a variety of specializations and why the NLRB’s joint-employer ruling may not be the final word.1851 Franchise: What drew you to franchise law?Brian Lincer: I come from a long line of business owners, going back many generations. My father, his father and two of my uncles owned a grocery store in Brooklyn, New York. Growing up, I worked with my father at the store and learned how much time, effort and innovation go into making a business successful. I also realized how important their business attorney was to that process. Since then, I have been drawn to entrepreneurship in general and to business law specifically.&nbsp;After college, I found a job at a small law firm that represented a handful of franchise brands. I was and still am amazed at the potential franchising provides for small business owners. Franchising gives businesses like my father's grocery store the ability to grow into multinational household names. Being a franchise attorney allows me to be a part of that journey with those business owners, and I cannot imagine doing anything else.1851: What drew you to franchise law, and what do you enjoy about working in the field?Lincer: In addition to getting to work with some of the most amazing and innovative entrepreneurs, what really drew me to franchise law is the fact that it encompasses so many other areas of law, such as trademark law, contract law, real estate law, employment and labor law and insurance law.&nbsp;There is never a dull moment at work, and working with various disciplines of law gives me new and exciting opportunities from which I can learn and grow both personally and professionally. I look forward to going to work. It is not a daily grind for me, it's a passion I am blessed to have.&nbsp;1851: What is something every franchisor should know about franchise law?Lincer: From a legal perspective, I think the most important thing franchisors need to remember is that it is so important to maintain leverage when it comes to a relationship with franchisees. What I mean by that is, if there is some type of legal violation that taints the process, whether inadvertently or on purpose, the franchisor puts the franchisee in the driver's seat, and the franchisee will get to dictate the relationship from that point forward. As a franchisor, in order to grow the brand and maintain consistency, it is essential that the franchisor controls the relationship. Franchise law is complex in that you are dealing with many areas of law in many jurisdictions. It is so important to pay attention to details and make sure you maintain control of the relationship. I have seen many systems fail as a result of this, and in most instances, it could have been avoided with the right guidance.1851: What is something you think every prospective franchisee should know about franchising before diving into the industry?Lincer: I think the biggest issue for many struggling franchisees is that their expectations of the franchisor's responsibilities are off base. Many franchisees who do not fare well rely on the franchisor too heavily, and they do not do what it takes to develop their businesses on their own.&nbsp;Franchisees have to go into the relationship with the expectation that once training is complete, they will be on their own to drive the business. I would tell a franchisee to assume that the franchisor will not provide any assistance once training is done and that it will be up to them to make their business successful. Most franchisors will provide guidance, and when the franchise relationship works, it is in the franchisor's best interest to make sure that their franchisees are successful.1851: What do you expect to see as a result of <a href="https://1851franchise.com/how-to-identify-areas-of-opportunity-in-a-companys-culture-and-come-up-with-a-plan-to-address-them-2712256#most-recent">the new NLRB joint-employer ruling</a>?Lincer: Unfortunately, I think that most of the politicians and judges who are involved with making these types of decisions do not truly understand what the franchisor-franchisee relationship consists of because they were never involved with any business or franchise. It is kind of ridiculous to think that a franchisee's employees are shared with a franchisor once you understand the dynamics. That being said, I believe that the days of this issue are numbered and we won’t be using the phrase joint-employer in the franchise industry for much longer.1851: What do you think is the most pressing challenge facing the franchise industry right now?Lincer: I think the most interesting thing to watch over the next year in franchising will be how the economic climate is impacting the franchise industry. Franchising has been on the upswing along with the rest of the economy, but having a low unemployment rate could have a negative impact on the franchising industry. Not only is it difficult to find qualified employees, but the market for those looking to leave their jobs to venture into franchising may decrease. This is a unique time in our country, both from an economic and political standpoint, and it will be interesting to see how the franchising industry will adapt to it.

Brian Lincer | Top Franchise Lawyers | 1851 Franchise

1851 Franchise

1851 Franchise’s annual compilation of great franchise attorneys.

Top Franchise Lawyers: Brian Lincer of Internicola Law Firm

top-franchise-lawyers-brian-lincer-of-internicola-law-firm

Fresh Coat

Photo of two Fresh Coat vans parked outside a building

Scaling With Fresh Coat Painters: Insights and Tips From the Field

fresh-coat-painters-franchise-scaling-tips

Pigtails & Crewcuts

A Business That Fills Your Heart: Why Pigtails & Crewcuts Franchisees Say It’s More Than a Career

a-business-that-fills-your-heart-why-pigtails-crewcuts-franchisees-say-its-more-than-a-career

Caring Transitions

Why Consider a Corporate Career Change? Find Meaningful Work Helping Others With Caring Transitions

why-consider-a-corporate-career-change-find-meaningful-work-helping-others-with-caring-transitions

Comfort Keepers

How This Financial Strategist Built a Flourishing Purpose-Driven Business With Comfort Keepers®

how-this-financial-strategist-built-a-flourishing-purpose-driven-business-with-comfort-keepers

Fitness Premier

Fitness Premier: A Legacy of Excellence, Built on a Foundation of Fitness

fitness-premier-a-legacy-of-excellence-built-on-a-foundation-of-fitness

Buying a Franchise Masterclass

 Franchise Opportunities

Get Support Buying a Franchise

How to Buy a Franchise White Paper

How to Buy a Franchise

How to Sell Franchises

How to Grow a Franchise

Find a Franchise Supplier

1851 Franchise Opportunities

Franchisor News

Franchisor Power Rankings

FranCamp Mastermind Summit

Franchise Development Website Builder

Franchise Resources

What ALEC-Laffer's Report Means for Franchising

Website Awards

Power Rankings

About 1851

Advertise on 1851

Contact 1851 Editorial

Terms of Use

1851 Login

GROWTH CLUB LOGIN

facebook

instagram

twitter

linkedin

youtube

U.S. Budget Deficit Rises as Tariff Revenues Increase — Potential Considerations for Franchising

us-budget-deficit-rises-as-tariff-revenues-increase-potential-considerations-for-franchising

Dickey's Franchisee Backlash - Lawsuits - Disputes - 1851 Franchise

Texas-Based Dickey’s Barbecue Pit Grapples with Franchisee Backlash

dickeys-barbecue-pit-franchisee-lawsuits

Design with person in blazer, with laptop, holding sign that reads "LOOKING FOR A JOB"

Uptick in Jobless Claims Points to Continued Instability in Labor Market

jobless-claims-franchise-growth

Extraordinary Brands Acquires CycleBar and Rumble, Shaking Up Boutique Fitness Franchising

extraordinary-brands-cyclebar-rumble-boxing-acquisition

NJCAR v. Ford - New Jersey Supreme Court Limits Standing Under Franchise Practices Act

New Jersey Supreme Court Limits Standing Under Franchise Practices Act

new-jersey-franchise-practices-act-njcar-v-ford

Top 25 Franchise Marketing Leaders: Cathy Chavenet — Chief Marketing Officer, Paris Baguette

top-25-franchise-marketing-leaders-cathy-chavenet-chief-marketing-officer-paris-baguette

Mike Revak - Chief Business Officer - Sky Zone - Franchise Marketing Leaders - 1851 Franchise

Top 25 Franchise Marketing Leaders: Mike Revak — President and Chief Business Officer, Sky Zone

top-25-franchise-marketing-leaders-mike-revak-chief-business-officer-sky-zone

The Ultimate Guide to Franchising Your Business — Phase 2: Creating the Franchise System — Franchise Disclosure Document (FDD)

the-ultimate-guide-to-franchising-your-business-phase-2-creating-the-franchise-system-franchise-disclosure-document-fdd

Top 25 Franchise Marketing Leaders: Lynlea Rudell — Director of Marketing, Pool Scouts

top-25-franchise-marketing-leaders-lynlea-rudell-director-of-marketing-pool-scouts

Hooters Leans Into Franchising With Closure of 30 Company-Owned Stores - Agg - 1851 Franchise

Hooters Leans Into Franchising With Closure of 30 Company-Owned Stores

hooters-franchise-model-company-owned-closures

Hely and Hiral Patel Bring Their Longtime Dream to Life With The Brass Tap

brass-tap-franchise-pasadena-maryland-hely-hiral-patel

1851 Keyword - The Secret To Succeeding With a Part-Time Franchise Is Picking the Right Model

The Secret To Succeeding With a Part-Time Franchise Is Picking the Right Model

part-time-franchises-picking-the-right-model

"Come in, We're OPEN" sign against abstract background

Small Business Optimism Dips, Raising Concerns for Franchise Owners

small-business-optimism-dips-raising-concerns-for-franchise-owners

Wendy's CEO Kirk Tanner Steps Down - Breaking News - 1851 Franchise

Wendy’s CEO Kirk Tanner Steps Down Amid Challenges, Leaving Franchisees Facing Uncertainty

wendys-ceo-transition-kirk-tanner-franchisee-uncertainty

Navy Veteran and Professional Artist Couple Open Caring Transitions in Texas

Top Franchise Lawyers: Brian Lincer of Internicola Law Firm

MORE STORIES LIKE THIS