Gallagher & Kennedy, P.A.
With years of experience in franchise and intellectual property law, Josh provides counsel or representation to established or high growth franchisors, technology development companies, service providers, distributors, and companies of all sizes in a wide array of industries. Whether looking to build or grow your business or protect valuable intellectual property, Josh applies his expertise in business transactions to guide his clients in the areas of franchising, mergers & acquisitions, entity formation, joint ventures and contracts of all kinds. Josh is a forward thinker, who anticipates how best to position his clients relative to regulatory changes, evolving market conditions and the competitive landscape. His proactive approach to issues and problem solving adds real value to his client relationships.
In the franchising arena, Josh has amassed expertise which spans the full life cycle of a franchise relationship for both franchisor or franchisee. His franchisor clients appreciate his efficiency and skill in developing, maintaining and revamping franchise programs; drafting franchise, license, and development agreements; counseling new and established franchisors with regard to the franchise sales process; and assisting franchisors comply with federal and state franchise and business opportunity laws. He also advises franchisors in all aspects of the franchise relationship, including operational compliance, enforcing system standards, default, termination, renewal, workouts, transfers, remodeling/reimaging, debt restructuring, acquisition of franchised outlets, sale of company-operated outlets and sale of franchise systems. Josh prepares a broad range of agreements for franchisors, including asset purchase agreements, license agreements, assignment agreements, workout agreements, confidentiality agreements, promissory notes, fee deferral and/or abatement agreements, guarantees, termination agreements and renewal agreements. For franchisees or area representatives, his vast experience in how franchise relationships are structured and operated proves invaluable for the review, evaluation and negotiation of area development and franchise agreements.
In his intellectual property practice, Josh represents software, graphic, digital media, and other technology companies in a variety of ways including the negotiation of domestic and international license agreements, corporate formation and structure, and day to day legal matters. Josh also assists his clients with trademark registration and maintenance, licensing, copyrights, trademarks and internet protections and procedures.
Josh serves as the de facto General Counsel for many clients where he advises and counsels them on a myriad of legal issues impacting today’s high growth businesses. Throughout his legal career, he has represented Fortune 500 companies as well as medium-sized and emerging companies in a wide range of industries.