Top Franchise Legal Players: Andrae J. Marrocco, McMillan LLP

Honoree: Andrae J. Marrocco
Role: Partner, Franchising & Distribution, McMillan LLP

Andrae J. Marrocco, a partner at McMillan LLP, focuses his transactional practice on domestic and international franchise and distribution matters. With particular expertise in complex franchise arrangements, franchise system mergers and acquisitions (M&A) and cross-border/international transactions, Marrocco has established himself as a leading figure in franchise law.

He works with Canadian businesses and franchise systems at all stages of maturity across a variety of industries, including professional services, technology, automotive, restaurant, retail, fitness and healthcare, childcare and education, real estate, manufacturing and commercial services. Numerous legal ranking publications recognize Marrocco for his exceptional work in franchise law.

1851 Franchise reached out to Marrocco to learn about how franchisors can protect their brand and avoid legal mistakes. Check out his insights below.

1851 Franchise: What do you see as the most important things a franchisor should do to protect their brand?

Andrae J. Marrocco: Trademark registration and intellectual property protection are crucial. Ensuring that trademarks are appropriately registered in all relevant jurisdictions and — beyond that — protective provisions and practices are put into place to protect trade secrets, copyrights and competitive advantage are key to protecting a franchisor’s brand and system. Consistent quality standards are also vital, as implementing and enforcing quality control measures across all franchise locations maintain uniformity in product and service offerings.

Additionally, comprehensive training programs for franchisees are critical to developing a strong franchise system and providing franchisees with a turn-key business consistent with the franchise business model.

1851: How important is the information in Item 19?

Marrocco: Providing prospective franchisees with Item 19 financial information allows them to make an even better-informed investment decision. Transparency in offering detailed and transparent financial performance data builds trust with potential franchisees and demonstrates the franchisor’s commitment to transparency. Including comprehensive and accurate financial performance representations (FPRs) can give a franchisor a competitive edge by showcasing the potential profitability of the franchise.

1851: What is the single largest legal mistake brands make?

Marrocco: Not setting up their franchise system systematically and robustly is the single largest legal mistake brands make. From tax and corporate structuring to legal documentation to selecting the right franchisees at the outset — without starting strong, a franchise system can quickly crumble.

1851: How do you stand out as a franchise law firm?

Marrocco: Expertise and specialization are crucial. Deep expertise, solid experience and a practical approach allow us to provide specialized advice tailored to franchisors entering the Canadian market. We prioritize understanding our clients’ unique needs and goals, offering personalized legal solutions that align with their business objectives.

Additionally, our extensive network within the franchise industry provides valuable insights and connections that benefit our clients beyond the law.

1851: What is the best business advice you have received in your career?

Marrocco: The best business advice I have received is to “always prioritize building strong relationships and trust.” Everything revolves around relationships and trust. In the legal profession, especially in franchise law, the importance of trust cannot be overstated. Strong relationships with clients, colleagues and industry partners create a foundation for long-term success. Invest in people, and the dividends will be rich and rewarding.

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.