The second large area of the partnership’s work is focused on franchising. Dr. Helmuth Liesegang, the founding partner, has worked as a specialist in this area throughout Germany for over 20 years. His advisory services extend to the design of franchise systems and their legal implementation. The many years of experience find an expression in providing advice for franchise systems in the retail trade, in the services sector as well as in wholesale and production. Dr. Helmuth Liesegang is the author of numerous publications and lectures on this subject. The franchise specimen agreement published by Dr. Helmuth Liesegang is the only work of its kind in the literature on franchise law which has already appeared in its 7th edition. When giving advice on matters of franchise law, the same principle also applies that appropriate business results are more important than many years of litigation against debtors of poor credit standing. In conflict situations therefore, creative negotiating paths are sought to achieve the business objectives. This approach is successful in far over 90% of cases.
Concentration on numerous sales markets on the one hand and intensified competitive pressure on the other call for new approaches both in contractual formulation and in contractual presentation. In this creative area the partnership satisfies the high standards it has set itself, directly laying the commercial foundations which have been designed to avoid dispute and set the path for the future in the interests of our clients. Dr. Helmuth Liesegang is a founding member of the European Franchise Lawyers Association for Franchising Licensing and Distribution in Brussels. This is a non-profit organisation of European and American lawyers set up for the purpose of exchanging experience, enhancing quality and providing international support to clients. The objective is to give franchisors professional assistance also abroad and to use this network to recognise international developments at an early date and put them into legal practice. The protection and defence of the specific know-how of a franchise system as its central, value-creating feature requires careful and foresighted support of a franchise system by competent legal advisors. In view of their many years of experience in this area, the lawyers of the partnership are highly qualified to accompany their clients here through identifying know-how worthy of protection and taking the necessary legal steps to protect and defend this know-how.
In the area of franchising we accompany the operations of the largest European retail pet food group with over 1000 stores, the largest service provider in the area of extra tuition for school children and the largest German wholesale organisation in the area of independent car repair shops.
Controlling and business advice
Franchisors are subject to the duty to look after and support their franchisees. Effective controlling is essential here. The franchisors are just as interested in uniform criteria in the accounting system of their franchise partners as they are in a uniform reporting and comprehensive controlling structure. The franchisees also benefit from a standardised accounting system which has been optimised to suit the individual requirements of the respective franchise system.
The chartered accountants and tax consultants of the partnership develop optimised bookkeeping, reporting and controlling standards for the respective system based on the many years of experience with franchise systems. In the implementation of these standards they are steady, competent and fair contact partners for the franchisors and franchisees alike.
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Vertriebskooperation am Beispiel des Franchising, aus Wirtschaftsblatt 2009