Top Franchise Legal Players: Jason Power, Managing Attorney at Franchise.Law

Jason Power, managing attorney with Franchise.Law and a leader in the franchise law field, aims not only to help new and established franchisors grow their businesses, but also to help them understand their legal rights, duties and obligations. Since 2009, Power has spoken across the country at various franchise events, and in 2013, he earned the title of Certified Franchise Executive through the International Franchise Association. Additionally, he was named a Franchise Times Legal Eagle in 2018 to 2020.

1851 Franchise: How did you end up specializing in franchise law? What drew you to the field?

Jason Power: I took up franchise law by accident. I partnered with another attorney early in my career who was focused on franchise law, and I took a liking to it. I enjoyed and still enjoy working with different business owners in different industries and seeing the variety of business models and issues that franchising presents.

1851 Franchise: What do you think is the biggest legal hurdle facing the franchising industry in 2021/2022?

Power: The biggest legal hurdle that franchisors and franchisees will face in the upcoming year involves the COVID-19 pandemic-related issues that are still present, especially the worker shortage. Franchisors and franchisees need to pivot their business models to employ fewer individuals, which in turn will give these businesses, hopefully, more revenue to pay higher salaries and keep qualified individuals.

1851 Franchise: What is the most common mistake you see franchise brands making from a legal perspective?

Power: One of the most common mistakes I see franchisors make is being too lax on brand standards and then trying to enforce those same standards later. Many franchisors allow their franchisees to be repeatedly late, market without consent and perform other activities that in most instances are material violations of their franchise agreements. These same franchisors then want to strongly enforce these issues as they grow and are hit with pushback from franchisees and arguments for waiver as they refuse to comply.

1851 Franchise: What do you love about working with franchises?

Power: I love getting to experience new and unique business models and helping people get into business for themselves.

1851 Franchise: What is one thing you think every prospective franchisee should know before joining a franchise brand?

Power: Franchising is a great way to grow a business with a team of like-minded entrepreneurs that are interested in your success, but there are restrictions and rules to follow, and breaking those rules can have serious ramifications on your business.