Top Franchise Legal Players: Lane Fisher, Fisher Zucker LLC

Honoree: Lane Fisher
Role: Partner, Fisher Zucker LLC

Lane Fisher, a renowned franchise attorney and partner at Fisher Zucker LLC, has made significant contributions to the legal landscape of franchising. With a keen understanding of the intricacies involved in franchise law, Fisher has built a reputation for providing top-notch legal services that cater to the unique needs of franchisors. His expertise encompasses franchise regulatory compliance, trademark registration, dispute resolution and more, making him a pivotal figure in the industry.

Fisher’s dedication to his clients and his proactive approach in crafting robust legal frameworks have positioned Fisher Zucker as a leading firm in the franchise sector. With a team of highly trained attorneys, Fisher Zucker offers comprehensive legal support, tailored to meet the dynamic demands of the franchise industry.

1851 Franchise reached out to Lane Fisher 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?

Lane Fisher: The most important things a franchisor can do to protect its brand is to use strong, well-written franchise agreements; maintain strict regulatory compliance; use strong and protected trademarks and police and prosecute infringers; utilize the newest and most efficient technology with periodic and ongoing onsite and remote training programs; leverage suppliers resources; establish regular communication channels and feedback mechanisms to stay in touch with franchisees; and stay ahead of any foreseeable concerns.

1851 Franchise: How important is the information in Item 19?

Lane Fisher: Item 19 is the single most important item in the FDD [Franchise Disclosure Document] because without it, there’s no ability to measure the risk-reward proposition associated with the investment. In addition to representations of earnings or profits, the best franchisors provide non P&L data and metrics that demonstrate the viability of the business through measures like backlog, catering, referrals, deliveries, leads, closing rates on in-home sales, and productivity of a particular referral source or promotion.

1851 Franchise: What is the single largest mistake brands make legally?

Lane Fisher: The single biggest legal mistake is being penny-wise and pound-foolish at the outset and not hiring a high-quality law firm to create the initial FDD. Too many franchisors try to save a buck or cut corners on the front end, completely undervaluing the role and effort of a solid legal professional. This can perpetuate a terminal mistake in their FDD in the rollout. Every franchisee claim asserts some infirmity in the FDD or disclosure process and most attack some aspect of the item 19 financial performance representation. I can’t stress enough how important it is to work with an experienced and qualified firm to create the Item 19 and an FDD that you can be proud of and will protect you.

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

Lane Fisher: What sets our firm apart is that we offer the full gamut of legal services including franchise regulatory compliance, transactions, trademark registration and protection and dispute resolution up to and including arbitration or litigation. 

By litigating our own agreements, we stand behind our work product and can make subtle adjustments and improvements based on our present experience to create the best quality work product. We understand the business needs and goals of our clients and craft our legal advice to satisfy those needs. We avoid litigation whenever possible but are always prepared to enforce the agreement to protect the brand. We offer flat fees on state registrations, trademark filings and the initial draft of many documents and provide on-demand, responsive and experienced counsel, which, as our clients will attest, is critical when you’re trying to make a business decision, exploit an opportunity, or avert disaster (without being too dramatic). 

In addition, we have curated a staff of highly trained, highly experienced franchise attorneys who are prompt and nimble in returning calls, providing thoughtful advice and completing projects, and have no need for a staff of non-lawyers to run interference.

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

Lane Fisher: The best business advice I have received in my career was to start my own practice and recruit like-minded attorneys to deliver high-quality legal services. The next best advice I received was to generate my own leads for new business and further to organize and own high-quality industry events to provide a forum for clients and the franchise family to share ideas and collaborate in a non-political forum. That strategy lives today through Franchisors.com, the home of all our events, podcasts, publications and content of all things franchising.

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.