Welcome to Davey Law -- Franchise Expert - Franchise Lawyer

The Davey Law Corporation, located in Newport Beach, California, is committed to providing on a cost effective basis the same superior quality legal services that franchise clients expect of the largest  law firms in California.

Gerard (Gerry) Davey, founder of the Davey Law Corporation, is one of a select few dozen attorneys among the 250,000+ licensed California attorneys to be distinguished as a Board Certified Franchise and Distribution Law Specialist (State Bar of California Board of Legal Specialists).

When you have a complex franchise law issue, you need the help of experienced franchise experts.  Mr. Davey and the Davey Law Corporation have been providing expert solutions for franchise clients for more than 30 years.  We have helped hundreds of public companies, entrepreneurs and prospective franchisees, involving all aspects of franchising.  We have reviewed more than a thousand franchise offerings over the years.

Whether you are a prospective franchise purchaser evaluating a new opportunity, an established franchisor seeking expert franchise counsel, a successful entrepreneur evaluating alternatives to franchising, or a party to a franchise dispute looking for creative and cost-effective alternatives to litigation, we can guide you towards your goals.

With offices in Orange County, California, we provide professional and economical services to franchise clients in Southern California and throughout the United States.

We provide franchisors, franchisees and entrepreneurs a full array of legal services, including:

• Conducting pre-franchising, suitability analysis for entrepreneurs
• Advising clients regarding the alternatives  to franchising (e.g., licensing and distribution programs)
• Drafting franchise agreements and disclosure documents
• Filing franchise registrations throughout the United States
• Training franchise sales personnel in franchise law compliance issues
• Negotiating asset sale, merger and acquisition agreements for franchise networks and individual franchise units
• Reviewing and evaluating franchise opportunities for prospective franchisees
• Providing creative solutions to franchise disputes

We also provide advice and assistance to clients in connection with trademark evaluations and registrations and intellectual property licensing.

We provide services to entrepreneurs in organizing new corporations and limited liability companies, as well as preparing buy-sell and other corporate agreements.  We also assist business clients in the sale and purchase of businesses.

We serve as special franchise counsel to other business and trial attorneys whose clients need the expert advice of an experienced franchise attorney in connection with the merger and acquisition of franchise companies, as well as franchise litigation matters.  

Mr. Davey also serves as a mediator, arbitrator and expert witness in franchise cases.

The Davey Law Corporation was founded in 1983  by Gerard (Gerry ) Davey as a high quality, boutique law firm to service the specialized needs of franchise clients. Over the years, we have represented hundreds of franchise clients, including public and private franchisors, franchisees, regional subfranchisors, area developers and franchise brokers. 

We serve as general counsel to many entrepreneurs whose size does not warrant the employment of an in-house legal staff. We also assist larger corporate legal departments in need of franchise expertise or extra legal capacity. Our legal services have covered a wide array of disciplines. When an issue arises that is outside the scope of our core competency, we assist our clients in identifying the best specialist available, based on the client's needs, not the law firm's needs.

Mr. Davey has specialized in franchising and business law for more than 30 years.  In his private law practice, he represents all types of franchise businesses, covering a compendium of franchise issues. Clients rarely present franchise transactions or disputes that are new to his experience. Mr. Davey's counsel to clients goes beyond his widely recognized technical expertise in franchising. With life lessons learned from assisting both successful, and not so successful, franchise programs over several decades, Mr. Davey is able to provide his clients with unique insights and  perspectives on what works and what doesn't. Beyond his experience in private law practice, Mr. Davey also has considerable experience as a corporate franchise attorney.

Mr. Davey formerly served as Vice President and Corporate Counsel for both Century 21 Real Estate and Coldwell Banker Real Estate. At Century 21, he supervised the franchise disclosure and compliance programs for 32 regional subfranchisors in a network of 7,500+ franchised offices. At Coldwell Banker, he managed the corporate legal department, overseeing a network of 2,000+ affiliated offices.

Mr. Davey is active in franchise and business law education and legislative issues.  He has authored numerous articles and publications, including a chapter in the Continuing Education of the Bar (CEB) publication: California FRANCHISE LAW and PRACTICE (2009), and he has lectured on franchise and business law topics for the CEB, the International Franchise Association, the State Bar of California and other business groups. 

He was the founding Chairman of the Franchise and Distribution Law Advisory Commission of the California Board of Specialization, which created the first Franchise Law Certified Specialization designation in the United States.

He also has served several terms as Co-Chair of the Franchise Law Committee of the State Bar of California, and he has also served on the Executive Committee of the Business Law Section of the State Bar of California.

Mr. Davey is the author of several California laws regarding franchising and lending matters, including  the "Fractional Franchise Exemption," California Corporations Code, Section 31108, and the "Franchise Loan Exemption," California Financial Code, Section 22063.

For several years, Mr. Davey served on the Board of Directors and  the Board of Advisors of the Orange County Citizens Against Lawsuit Abuse (CALA), a nonpartisan, grassroots movement of concerned citizens and businesses fighting against lawsuit abuse in California. Mr. Davey has lectured to business and consumer groups and appeared on newscasts on behalf of CALA.

Mr. Davey has also served on the Board of Directors of the South Coast Symphony in Orange County, California. He has also coached numerous youth soccer, baseball and softball teams, where he learned many life lessons about communications, motivation and leadership.

Mr. Davey is an avid cyclist, woodworker and glass artisan.

 Mr. Davey received his juris doctorate from the University of Houston, where he was a Member of the Order of the Barons (Legal Honor Society).  He also earned a MBA (Business Taxation) from Golden Gate University.  He received a Bachelor of Science in Communications from the University of Illinois, where he was the recipient of an Illinois General Assembly Scholarship.

Franchising Presentation -  "Dancing through the Mindfield of Business Regulation" -- California State Bar, Business Law Section -- January 30, 2018

"Enforcement of Noncompetition, Confidentiality and Related Agreements" -- Addresses issues in Franchising -- California State Bar, Business Law Section --  May 18, 2017

"How to Assert/Defend Claims of Employer-Employee Liability in Franchise 

Relationships" -- State Bar of California, Business Law Section Webinar -- January 7, 2016

"Practical Tips for Negotiating Commercial Leases for Franchise Locations" -- Annual Meeting of the State Bar of California, Anaheim, California -- October 9, 2015

 “Licensing and Accidental Franchises” – State Bar of New Mexico -- 2014 Business Law Institute, Albuquerque, New Mexico -- November 7, 2014

"License Agreement Landmines: Accidental Franchisees in the Digital World" -- State Bar of California, Business Law Section Webinar -- April 24, 2014

"Franchise Relations: Independent Contractor or Employee" -- State Bar of California, Business Law Section Webinar --- June 13, 2013

"Is that a FRANCHISE  in your Pocket?" --  State Bar of California, Business Law Section Webinar -- December 18, 2012

"Inadvertent Franchises: Risks and Remedies" --  Orange County Bar Association, Business Litigation Section  -- March 6, 2009

 "NASAA Issues New Commentary on Financial Performance Representations in Franchise Disclosure Documents" -- State Bar of California, Franchise Law e-Bulletin -- May 19, 2017

“Inadvertent Franchises and the GrayBar Hotel” -- Orange County Lawyer -- June 2010 

"Franchise and Distribution Law Specialty Certification," Chapter 13 Author, California Continuing Education of the Bar (2009, rev. 2013)

California Franchise Investment Law (Corporations Code, Section 31108) --  "Fractional Franchise Exemption" -- A law to reduce over-regulation of auxiliary franchises and additional line distributorships

California Finance Lender Law (Financial Code, Section 22063) --"Franchise Loan Exemption" -- A law to reduce redundant regulation of franchisor loans to franchisees

FTC Consumer Guide: Buying a Franchise

The FTC's consumer guide to investing in a franchise

FTC Franchise Rule Compliance Guide

The FTC's compliance guide for franchisors

California Department of Business Oversight -- "LOOK BEFORE YOU LEAP"

A guide to buying a franchise

California Department of Business Oversight -- "GUIDELINES FOR FRANCHISE REGISTRATION"

Guidelines for registering a franchise opportunity in California 

California Department of Business Oversight -- "DBO Self-Service Search Portal"

Free, online search engine for franchise and securities filings in California

California Department of Business Oversight  -- "Release 3-F: When Does an Agreement Constitute a "Franchise""

A seminal analysis of when an agreement fits the California definition of a "Franchise" -- very helpful to clients who do not want to "franchise" their businesses

SBA Guide to Buying a Franchise

SBA's helpful advice for investing in a franchise

International Franchise Association -- FRANCHISE OPPORTUNITIES

A great resource for franchise basics and a database of different franchise opportunities

Basics of Buying a Franchise Business

Article from Entrepreneur magazine with practical tips for buying  a franchise

United States Patent and Trademark Office -- Trademark Electronic Search System (TESS) 

A great search engine to check quickly for the status of all pending and active trademarks with the U.S. Trademark Office

California Secretary of State -- Trademarks and Service Marks

Information portal to file state trademarks and to request copies of filed documents

U.S. Copyright Office -- Public Catalog Search Portal

Versatile search engine to check the status of U.S. copyrighted materials of all types

BusinessUSA -- The Official Business Link to the U.S. Government

Comprehensive U.S. government information clearinghouse for entrepreneurs and small businesses

Office of California Secretary of State -- "bizfile California" 

Comprehensive platform for California businesses  with Information, forms and search engines regarding California business filings

California Tax Service Center

Clearinghouse  of information for all types of tax regulations and filing forms

California Department of Justice -- BUSINESS PRIVACY RESOURCES

Various resources for business owners in maintaining the privacy of customer data

We have represented numerous franchisors and franchisees in the real estate industry,  including major brands.  Our services have included the design of franchise systems, compliance with franchise registration and disclosure laws and representation of large-scale franchisees and regional developers, as well as mergers, acquisitions and financing transactions.

We have also represented numerous franchisors and franchisees in the property services industry,  including general contracting, restoration services and home repair services.

We have represented many franchisors and franchisees in the restaurant and hospitality industry, including the design of franchise systems, legal assistance in marketing franchise systems, assistance in establishing regional and area development programs and assistance to franchisors and franchisees in connection with encroachment problems and impact studies, as well as negotiating numerous merger and acquisition transactions.

We have also assisted many franchisees in connection with commercial leasing and expansion initiatives. 

We have represented numerous franchisors and franchisees, including fitness centers, haircare salons and shops, massage and spa businesses, childcare centers and healthcare providers.

We have represented many franchisors and franchisees in the automotive aftermarket industry, including transmission shops, tire stores, brake shops, muffler shops, automotive parts and quick lube and oil change businesses.

We have represented many franchisors and franchisees in travel and destination management businesses, tax preparation and financial planning businesses, direct mail advertising businesses, insurance brokers and personal mailbox and office supply businesses.

The information presented on this website is for general informational purposes only.  The information may not be current or accurate.  The information on this website is not intended to constitute legal advice to you.  You may not rely upon any of the information contained on this website.  The Davey Law Corporation disclaims all liability with respect to any action that you may take in reliance upon the information contained on this website.

Please keep in mind that there is no attorney-client relationship between you and the Davey Law Corporation unless and until we sign a written engagement agreement, outlining the terms of the legal services we are to provide to you and the financial arrangements related to our services.  Unless you are a current client of ours, please do not send us any confidential or sensitive information.  No such information that you might send us is protected under any attorney-client privilege.  We  have no professional obligation to maintain the  confidentiality of any information that you might provide us unless and until we establish a formal, attorney-client relationship.

The Davey Law Corporation and Gerard P. Davey are licensed to practice law in California.  Nothing contained on this website is a solicitation to provide legal services governed by the laws of other states or jurisdictions.

Please keep in mind that the links provided on this website to other third party websites are provided to you as a matter of convenience.  We disclaim all responsibility for the content or information contained on any third party website, as well as any use of your personal information by any such third party website that you link through this website.

In connection with the operation of this website, the Davey Law Corporation may collect personal information regarding its visitors, including the recognition of your domain name or IP address.  We may also collect anonymous website tracking information that is helpful to us on managing and improving our website and providing services to our clients.  We respect your privacy rights.  We will not sell or otherwise distribute any personal information collected to any third parties.  We reserve the right to change our privacy policies at any time without notice by modifying the terms disclosed herein.

The Davey Law Corporation claims copyrights to all of the information and materials contained on this website, except as to any copyrighted information owned by any third parties that is re-published with permission.  Although you may read and copy the information contained on this website for your own personal use, you are not authorized to make any further use or re-distribution of any of the information contained on this website without the express, prior written consent of the Davey  Law Corporation.  Any trademarks or commercial logos of any third party referenced on this website are the respective trademarks of the owners to which such trademarks and logos refer.