Top Franchise Legal Players: Ryan Whitfill, CM Law

• Honoree: Ryan Whitfill
• Role: Partner, CM Law

Ryan Whitfill is a seasoned transactional attorney specializing in franchise and licensing law, having honed his expertise at some of the world's largest law firms. His extensive experience encompasses advising national and international franchisors, franchisees, licensors and area developers on all legal facets of structuring, operating and expanding their franchise systems in compliance with U.S. and international laws. He has represented a wide array of franchise concepts across numerous industries, including quick-service and full-service restaurants, childcare services, automotive and retail, among others. 

1851 Franchise reached out to Whitfill 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 franchisors should do to protect their brand? 

Ryan Whitfill: The two most important things a franchisor should do to protect their brand are: (1) get their trademarks registered with the USPTO (on the USPTO’s Principal Registry) as early as possible and actively monitor the Internet for anyone infringing on the registered marks; and (2) be diligent in enforcing brand standards for quality of products and services provided by franchisees so that every customer has the same great experience at a franchised location as they would at franchisor’s original company-owned location.

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

Whitfill: It is critically important for both the franchisor and the prospective franchisee. I always encourage my clients to include FPRs [financial performance representations] in their FDDs so that prospects have some insight into the results achieved by existing company-owned and franchised locations. Almost all prospects will want to have insight into the financial results achieved by existing locations, so a franchisor without an FPR in Item 19 is at a distinct disadvantage (versus competitors with an Item 19 FPR) in the franchise sales process.

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

Whitfill: Not seeking advice from a seasoned franchise attorney, which can result in violations of the franchise disclosure laws. While some franchisors are tempted to take extreme measures to avoid legal fees and some franchisors actively seek to evade state or federal franchise disclosure laws (for example by offering “licenses” to try to avoid franchise laws), those franchisors often end up spending more time and money on the back end cleaning up the legal mess they created while trying to take shortcuts on the front end.

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

Whitfill: We try to stand out by providing excellent client service and producing excellent work at a fair price.

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

Whitfill: Be yourself, and treat others as you would want to be treated.

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.