Franchise Legal Player: Joseph J. Fittante
Firm: Larkin Hoffman

Joseph J. Fittante has built a reputation as a trusted advisor to franchise brands navigating growth, compliance and long-term risk. With experience advising franchisors of all sizes across multiple industries on issues like encroachment, acquisition and system structures, Fittante brings a practical, business-minded approach to franchise law. His work focuses on helping brands scale responsibly while protecting both the franchisor and franchisee experience.

1851 Franchise connected with Fittante to discuss what franchisors often overlook, where legal risk hides during expansion, and the lessons that continue to shape his advisory philosophy.

1851 Franchise: What originally drew you to franchise law, and what has kept you engaged in the space over time?

Joseph J. Fittante: I come from a family of fiercely independent, hard-working entrepreneurs who grew success from a dream. Coming from that background, I believe I ended up in the place I was meant to be — the president of an entrepreneurial law firm representing entrepreneurial franchise clients. I am a passionate person, which, based on my ethnicity, I come by honestly. It is what I love about the franchise space. The most successful franchisors are passionate about their brands and can see a place for their brand others cannot. It is that passion and vision that keep me engaged. It has and always will be about the people. 

1851: As franchising continues to evolve, what legal issue do you see brands most often underestimating today?

Fittante: The fact that the franchised business model is based upon independent ownership and operation of franchised businesses by franchisees. Franchisees are not employees, nor are they partners of the franchisor. A franchisor cannot fix all of the different issues a franchised business may incur, just like parents cannot fix all of their kids’ issues (Lord knows we have tried). Many franchisors feel a sense of responsibility for their franchisees, and when that sense of responsibility begins to blur the lines of independent business ownership, it can lead to significant legal consequences for the franchisor. 

1851: In your experience, where do emerging franchisors tend to get tripped up from a compliance or documentation standpoint?

Fittante: I think many emerging franchisors fail to connect with professionals who will spend the time and effort to ensure that the franchise system the franchisor envisions is the franchise system actually described in the Franchise Disclosure Document, Franchise Agreement and other ancillary franchise documents. I have been witness to too many franchise documents written for one type of business being used for a much different type of business and the enforcement and regulatory issues that can cause. 

1851: How should franchisors be thinking about risk management as they scale into new markets or add new unit growth strategies?

Fittante: Very carefully… Franchisors must do their due diligence on the front side, whether it is investigating a new market before entry or a new multi-unit operator before execution of the agreement. Neither franchisors nor their advisors can chase every shiny penny. Franchisors must be very discerning about franchise growth, whether a new market or new franchisee, and understand how it fits into the franchisor’s long-term strategy. 

As I say with respect to multi-unit operators, the successes are like hitting a grand slam in the bottom of the ninth to win the seventh game of the World Series. But the failures are like striking out in that same situation.      

1851: What distinguishes your approach or philosophy when working with franchise clients?

Fittante: I get things done. I think in a world where it seems harder and harder to actually get things done, those who have the skill are miles ahead of those who do not. I have that skill, and my clients appreciate it.

1851: Looking back, what lesson from your legal career has had the greatest impact on how you advise clients today?

Fittante: We are all fallible. We all have our challenges. Everyone is fighting something. I have been very open about my mental health challenges over the last couple of years. That journey has given me a unique perspective on life, leadership, the practice of law and the business of franchising. I listen more and talk less. I ask, “Why?” more. I appreciate the relationships more. And I try to give all sides a little more grace.

Every great franchisee had help buying a franchise. Want to learn more about how 1851 helps franchisees find the right franchise opportunity? Visit www.1851growthclub.com and start your journey.

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Morgan Wood

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Morgan Wood

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