Fahey Schultz Burzych Rhodes is proud to announce that Mark J. Burzych, current president of the firm and head of its Franchise practice gro...Read More
Dedicated to serving the legal needs of municipalities, franchised businesses, employers, and public utilities.
The franchise attorneys at Fahey Schultz Burzych Rhodes PLC help you grow your business. Through franchising, our attorneys develop growth strategies to meet your specific business needs, regardless of the industry in which you operate.
Franchising is often an effective model of distribution for goods and services sold under your brand. However, franchise sales are regulated by the Federal Trade Commission (“FTC”) and various other statutes.
Our franchise attorneys help draft state and FTC compliant Franchise Disclosure Documents, franchise agreements, master franchise agreements, area development agreements, and all other ancillary documents necessary to protect your brand.
Whether you are exploring franchising for the first time or a well-developed franchise system, our franchise attorneys can assist you in document drafting, complying with state franchise sale statutes, managing franchisee relationships, enforcing the franchise system, and overseeing various franchise transactions.
Regardless of the industry in which you operate, our expert team of franchise attorneys will assist you in developing a franchise model to grow your brand.
Start-up Franchise Systems
Whatever the industry, we can help prepare all the necessary legal documents needed to launch and register your franchise successfully while walking you through each step of the process. The sale of franchises is a regulated sale. It is regulated by the Federal Trade Commission (FTC) and several states. We specialize in making sure you comply with the FTC Franchise Rule and each applicable state law where you plan to offer and sell your franchise, as well as ensuring that you understand your regulatory compliance obligations. Our services include:
Initial Franchising Consultation
Franchising is not for everyone. Your business, your systems, and your goals should all align with franchising. When you become a franchisor, you will be responsible for recruiting and training franchisees, overseeing system operations, building your brand, and providing ongoing support to franchisees. We’ll first discuss with you your objectives and goals to determine whether franchising is right for your business. If franchising is not the right growth strategy for you, we will work with you to develop the growth strategy that works for your brand.
Structuring the Franchisor
To create a sustainable franchise business model, you must first choose the right structure. It’s one of the most important measures you will take in franchising a business, as it ultimately defines the entire company. We’ll advise you in best practices and update you on the latest legal developments, so your franchise system is structured properly from the start.
Franchise Disclosure Document (FDD)
Our attorneys can draft a FDD that effectively communicates the required disclosures for your business and its offerings. Learn more about Franchise Disclosure Documents
Franchise Agreement and Ancillary Contracts
Our franchise attorneys routinely draft Franchise Agreements, as well as all of the other documents related to the franchise relationship, including agreements related to the underlying real estate, confidentiality and non-disclosure agreements, noncompetes, guarantees, telephone numbers, and state law based addenda as required by relevant state law.
Our trademark attorneys can file any necessary trademark applications with the United States Patent and Trademark Office. If required, we can draft an inter-company license agreement that authorizes use of the intellectual property from your current business entity to the franchise company. Our goal is to help you protect your brand.
In addition to federal franchise laws, a number of states have their own franchise and business opportunity laws. Several states require registration of the FDD prior to offering or selling a franchise within the state. We can help you register your franchise offerings in whichever state(s) you wish to offer or sell franchises and monitor your state registrations for annual updating requirements.
Emerging Brands to Iconic Brands
In our many collective years of franchising experience, we have had the pleasure of representing some of the fastest growing and top-ranked franchise brands in the nation. We have worked with some of these brands since their humble beginnings, as well as assisted many that have come to us later in their franchise life cycles seeking legal counsel who can effectively handle complex corporate or other legal issues.
Whether you’re a start-up or mature franchisor, our franchise team is ready to help you cultivate your business and protect your brand. Experience the difference of the FSBR franchise experience.
Is your business ready to franchise or expand?
Whether you are exploring franchising for the first time or operating a well-developed franchise system, our franchise attorneys can answer your questions and advise you on the best course of action.Request a Franchising Consultation
Mark J. Burzych
As the leader of the firm’s business practice, Mark is committed to helping clients design and execute their dreams. He focuses on developing and implementing growth strategies for businesses with an emphasis on franchising, liquor licensing and regulation, general corporate matters, mergers, acquisitions, or other corporate transactions, bank debt or equity private placement financing transactions, real estate, and other business-related matters.
The brainstorming, collaboration, and curiosity surrounding what clients seek drive Mark’s passion for his work. He’s proud to become part of his clients’ circle of trusted advisors, engaging with them sometimes daily to guide them through the process of growing their businesses.
His work is specially tailored to the hospitality industry, but his experience allows him to assist virtually any business segment. Mark knows business decisions often have legal implications, and he’s dedicated to ensuring his clients understand the real-world implications of their choices as they pursue expansion strategies. With more than 30 years of experience practicing law, Mark has seen it all in franchising, and he is eager to share his expertise with his clients.
Outside of the office, Mark enjoys spending time with his family, especially on Lake Charlevoix. He’s an avid golfer and a fan of MSU sports.
- Franchisor outside counsel: provide “trusted advisor” counsel to franchisor from start-up to now Top 300 franchise system; perform general counsel services for franchisor; daily advice and counsel regarding franchise sales, relationship management, supply chain contracting, marketing, and operations.
- Franchise Regulatory counsel: provide franchise regulatory counsel to franchisors, from start-up franchisors to iconic brands; perform federal and state law regulatory compliance for franchisors with advice and counsel on franchise sales and relationship management.
- Corporate General Counsel: provide general counsel work to multi-generational closely held business, prepare company for acquisition, representation of company in sale of company to private equity purchaser; assisted closely held company in raising $10 Million in new equity capital private placement with federal and state securities laws compliance.
- Liquor License acquisition (manufacturers and retailers); Liquor law violation hearings; manufacturer-wholesaler relationship management.
- Trademark prosecution and enforcement.
- Co-author, “Recent Developments in Administrative Law,” ICLE State of the Law, 1991
- Author, “Recent State Court Decisions,” Administrative Law Quarterly, Winter 1991, Spring 1992.
- Co-author, “Vive la Difference? Selective Enforcement of Franchise Agreement Terms and System Standards,” Franchise Law Journal, Fall 2003.
- Panel member, “Selective Enforcement of Franchise Agreement Terms and System Standards,” American Bar Association Forum on Franchising annual meeting, 2004.
- Contributing author, “Ask the Experts” column, Michigan Restaurant and Lodging Association’s MRLA magazine.
- Facilitator, “Disclosure Issues Related to Promotional Franchise Sales Incentive Program,” International Franchise Association Annual Convention, 2012.
- Co-author, “Franchisor Successor Tax Liability: Risk in Terminations,” Franchise Law Journal Vol. 35, No. 3, 2016.
- Author, “System Standards and Franchisee Innovation: Striking a Balance,” Franchise Law Journal, Vol. 38, No. 2, 2018.
- Presenter, “Confidentiality Clauses in Franchise Agreements,” American Bar Association Forum on Franchising annual meeting, 2018.
- Author, Michigan chapter of the Franchise Desk Book, third edition, 2019.
- Author, “Franchise Advertising in the Digital Age: Regulators Need to Contemporaneously Address Advancing Advertising Technologies or Step Aside,” Franchise Law Journal, Vol. 40, No. 2, 2020.
- Author, “Using Criminal Background Checks in a Franchise System,” Franchise Law Journal, Vol. 41, No. 3, Winter 2022.
- University of Michigan Law School, J.D., 1990, cum laude
- Michigan State University, James Madison College, B.A., Socioeconomic Policy Problems, 1985
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
- Best Lawyers in America, 2009–present
- Best Lawyers in America’s Lansing Government Relations Practice Lawyer of the Year, 2015
- Super Lawyers, 2009–present
- Leading Lawyers, 2014–present
- Franchise Times Legal Eagles, 2018-present
- Rated AV by Martindale-Hubble
- Member, Michigan Restaurant & Lodging Association Board, 2012–present
- Member, Advisory Rules Committee, Michigan Liquor Control Commission, 2011
- Member, Judicial Crossroads Task Force to the Michigan Bar Association, Business Impact Committee, 2010
- Chair, State Bar of Michigan’s Administrative Law Section, 2009
- Chair, Michigan Public Education Facilities Authority Board, 2002–2010
- Member, Michigan Municipal Bond Authority Board, 1998–2004, 2006, Board Member 2006-2010
- Member, State Bar of Michigan
- Member, Administrative Law Section Council (2007-2016)
- Member, Antitrust, Franchising, & Trade Regulation Section Council (2016-Present)
- Member, International Franchise Association
- Member, American Bar Association
- Member, American Bar Association’s Forum on Franchising
- Member, Catholic Lawyers Guild
- James Madison College Alumni Association Board of Directors
- MSU Alumni Club of Mid-Michigan Board of Directors (1995-1999)
- Michigan State University Alumni Association, Alumni as Resource Committee Member (1999)
- St. Martha’s Council, Knights of Columbus
Michael J. Cole
Michael works in FSBR’s business practice, specializing in franchising, intellectual property, liquor licensing, and general business law. He works with businesses of all sizes, offering legal advice regarding business decisions and helping clients manage risk and executive growth strategies through franchising.
Every time a client sells a franchise, Michael shares in their pride. He enjoys the relationships he builds with clients as their trusted legal and business advisor just as much as he likes digging into the details of industry specifics. Applying the nuances of business and franchise law drives his passion for the work he does, and he’s dedicated to helping clients make informed decisions about whatever legal risk or challenge lies in front of them, through every stage of their business growth.
Michael came to FSBR in 2013. Prior to that, he worked on a wide range of corporate, transactional, compliance, and regulatory matters with a Washington, D.C., law firm.
Outside of the office, Michael enjoys spending time with his family, playing golf, and rooting for MSU and Detroit sports teams.
- Goldfish Swim School
- Beyond Juicery + Eatery
- Detroit Wing Company
- Auto-Lab Complete Car care Center
- Ellison Brewery + Spirits
- Mike has presented on topics including liquor licensing, trademarks, copyrights, business formation, real estate taxes, and franchising at seminars and conferences across the state, and he has co-authored articles in franchise publications, including on successor tax and Michigan specific franchise issues.
- Western Michigan Thomas M. Cooley Law School, J.D., 2011, magna cum laude
- Michigan State University, B.A., general business administration, pre-law, 2008
- Commonwealth of Virginia, associate member
- District of Columbia, inactive
- Ingham County Bar Association: Top 5 Under 35
- Super Lawyers: Rising Star for franchise/dealership law
- Best Lawyers: Ones to Watch for Business Organizations (including LLCs and Partnerships)
- Presenter, Michigan Restaurant & Lodging Association, 2021
- Presenter, Michigan Institute of Continuing Legal Education, 2019
- Presenter, Mid-Michigan Small Business Development Center, 2019
John A. Forrest
John focuses on all aspects of representing franchisors and small businesses, including franchise and distribution, commercial contracts, business planning, and corporate law.
He excels at listening to what his clients want to accomplish, analyzing it quickly, and then turning that into the legal documents they need. He’s committed to timely, quality service for his clients, and he’s proud to be part of a team of leading franchise lawyers in Michigan.
A practicing attorney since 1981, John has decades of experience representing and advising established and start-up franchisors in all aspects of franchise, business opportunity, and distribution law, including drafting disclosure documents and registering franchises under state franchise laws for many franchisors. He also has experience in the buying and selling of franchisor companies.
John has worked with a broad range of franchise clients, including Tuffy Tire and Auto Service Centers, Two Men and a Truck International, BIGGBY Coffee, Fowling Warehouse, Massage Green International Franchise Corp., Milkster Nitrogen Creamery, Red Effect Infrared Fitness, Stretch Smart Infrared Therapy, Zoup! Systems, LLC, LOOK! Insurance Agencies, Inc., Tropi-Tan Tanning Salons, Happy’s Pizza, Airtime Trampoline & Game Park, and Wild Bills Tobacco.
When he’s not working, John enjoys downhill skiing, golfing with his wife, having dinner with friends, and spending time with their children and grandchildren.
John came to FSBR in 2018 after serving as a shareholder at Butzel Long in Bloomfield Hills, Michigan.
- Responsible for compliance with federal and state franchise and business opportunity laws.
- Drafting franchise and distribution related documents, including franchise agreements, area development agreements, area representations agreements, subfranchise agreements, co-branding agreements, confidentiality agreements, guaranties, franchise termination agreements, agreements relating to the sale of company-owned stores and the purchase of franchise stores, finance documents, promissory notes, security agreements, form agreements for use by franchisors in all aspects of the franchise business, transfer materials, administrative provisions for operations manuals, documents related to special franchise programs, supplier agreements and settlement agreements.
- Advising franchisors in antitrust, price discrimination, supplier, and other trade regulation issues, as well as to all aspects of franchise dispute resolution.
- Buying and selling of franchisor companies.
- Significant experience in other aspects of commercial transactions and business planning, representing and advising clients on matters relating to corporations, limited liability companies, partnerships, and other entities, buying and selling businesses, business and tax planning, secured transactions, real estate, employment, and estate planning, as well as other areas of commercial law.
John has authored several published works including “Covenants Against Competition in Franchise Agreements” for the second and third editions of the Michigan Chapter of the American Bar Association Forum on Franchising, the Michigan Business Formbook for the ICLE, and several other franchise-related articles.
- University of Detroit School of Law, J.D., 1981, magna cum laude
- Wayne State University Law School, Master of Law, taxation, 1987
- University of Michigan, B.A., history and political science, 1977, high distinction
Mitchell F. Zolton
Mitchell is an associate attorney with Fahey Schultz Burzych Rhodes PLC, where he counsels clients in strategic approaches to achieve their goals. His practice focuses on general business law, franchising, intellectual property, as well as certain aspects of employment law that surround the business sector.
Mitch is dedicated to supporting all aspects of the client’s brand. He routinely conducts trademark clearance searches, prepares and prosecutes trademark applications, and manages the trademark registration process from beginning to end. When negotiating complex licensing and service agreements, he emphasizes communication and collaboration to arrive at a finished product that will not only meet the client’s needs and goals, but also mitigate risks. Mitch also regularly drafts legal memorandums and conducts legal research in his respective fields of practice.
Mitch joined FSBR as a law clerk in 2017 and became an associate with the firm in 2020. While attending law school, Mitch interned at the Legal Services of Eastern Michigan. He was also a member of the Trademark Moot Court Team, a teaching assistant, and served as a notes editor on the Editorial Board of the Michigan State Law Review.
Outside of the office, Mitch enjoys spending time in Northern Michigan at his family cottage on Houghton Lake. He also enjoys craft beer and visiting breweries around the state. As a true Michigan native, he is a loyal fan of the Detroit Lions, no matter the highs and lows that it brings.
- Drafted a license agreement regarding indoor go-karting software. This involved extensive legal research into the issues involved in software licensing.
- Drafted a series of service agreements on behalf of a client.
- Regularly performs research regarding trademark rights and registration and drafts trademark applications, renewals, and responses to office actions with the USPTO for various clients.
- Performed comprehensive legal research and drafted opinion letters and memos for employers regarding FLSA wage and hour issues, including rules relating to handling tips and tip pools.
- Direct Shipping for Michigan Beer? Wine Not, 2020 MSt. L. Rev. 509, (2020)
- Michigan State University College of Law, J.D., 2020, summa cum laude
- Grand Valley State University, B.S., 2016, Legal Studies
- State Bar of Michigan
- Volunteered at the Legal Assistance Center (LAC) located in the Kent County Courthouse in Grand Rapids
James (“Jimmy”) contributes his knowledge of law to the firm’s Franchise, Corporate & Business, Trademark, Municipal, and Litigation practice groups. Jimmy focuses on serving franchise clients by drafting franchise agreements/documents and conducting extensive research to help ensure that those documents comply with applicable franchise laws. He also performs research and analysis to protect client brands when trademark and/or copyright infringement occurs.
Jimmy assists the firm in providing legal research and advice to municipal clients on issues relating to constitutional law interpretation, Freedom of Information Act, Open Meetings Act, COVID-19, and Zoning Board of Appeals decisions. He aspires to gain additional expertise to advise municipal clients in election law matters. Jimmy also has conducted research and written segments for several of the firm’s monthly Township Law E-Letters and Webinars.
Jimmy joined FSBR in 2020 as a summer associate/law clerk and became an Associate in November 2021. While attending law school, he worked for Fleming Yatooma and Borowicz, PLC in Bloomfield Hills, Michigan as a summer associate.
Jimmy has provided legal assistance to a non-profit corporation assisting children and low-income families and performed research and drafted proposed legislation for child welfare reform in the State of Michigan. He also has delivered meals to families in need, assisted and coordinated events for the elderly at a senior living facility, and walked and cared for dogs at an animal shelter while in college.
Outside of work, Jimmy enjoys playing most sports and watching all Detroit sports, listening to music and attending concerts, collecting vinyl records and sneakers/streetwear, and traveling. He hopes to produce his own music someday.
- Franchise agreement/document review and drafting
- Litigation document drafting, including general pleadings, dispositive motions, and supporting briefs
- Trademark/copyright infringement protection
- Legal research on general municipal matters
- Affidavit drafting for historical easements
- Discovery review/analysis for litigation and arbitration matters
- Freedom of Information Act
- Contributing author to the ABA Franchise Law Journal
- Michigan State University College of Law, J.D., 2021
- Trine University Ketner School of Business, B.S., Sport Management, summa cum laude
- After completing 12 more credits, will hold a Master of Science in Business Administration (MBA) from Trine University in Angola, Indiana
- State Bar of Michigan
- 2021 Michigan State University Ralph Freeman Scholarship Award Recipient
- Book Award (Jurisprudence Award – JP) for Sports Law
- ABA Alternative Dispute Resolution Competition Team Member
- Student Bar Association – Wellness (Mental Health) Committee Chair
- Trine University Gold Key Recipient
- ACBSP Student Leadership Award – only one winner in the Ketner School of Business
- Ehinger Fellow – Student Ambassador for the Ketner School of Business
- Collegiate/Scholar Athlete for two years playing college basketball
- President of Delta Mu Delta – International Business Honor Society
- Worked closely with general counsel for a non-profit corporation assisting children and low-income families
- Researched and drafted proposed legislation for child welfare reform in the State of Michigan
- Delivered meals to families in need for Steuben County Mobile Meals in Indiana for a year while in college
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At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.