Michael P. Malley concentrates his practice in the areas of franchising, business and intellectual property law and in commercial litigation related to these areas.

Mr. Malley has extensive experience in providing a broad range of services to both franchisors and franchisees. He has represented many franchisors in the preparation and registration of their franchise disclosure documents, including franchise agreements, master franchise or area development agreements, real estate leases, confidentiality agreements, advertising materials and advertising fund documents, software and servicemark licenses, training manuals, contracts and distribution agreements with suppliers, registration of trademarks and servicemarks and other commercial aspects and documentation concerning the creation, merger and operation of a franchise system.

This experience has enabled Mr. Malley to assist and counsel franchisors in regard to their relationships with their franchisees; to give advice and guidance regarding the use of the internet and of other technological and legal developments that impact franchising and the distribution and sale of franchises, products and services; and to provide counsel regarding advertising and marketing programs in order to maximize results and minimize risk.

Mr. Malley also has a wide variety of experience representing franchisees and franchise associations in connection with franchise related matters. He provides advice and counsel to prospective franchisees in the selection and purchase of a franchise; in reviewing the franchise disclosure documents and evaluating the track record of the franchisor; in creating a suitable business entity for the franchisee; and, generally, in guiding the franchisee through the entire process of purchasing the franchise and establishing the franchised business.

Mr. Malley also provides counsel to both franchisors and franchisees to assist them in resolving disputes among themselves or within the franchise system. In the event such disputes cannot be resolved through negotiation or other informal method, he will take effective and, if necessary, aggressive action to represent the best interests of his client, including legal representation in state or federal court or using alternative dispute resolution methods such as arbitration or mediation. He has represented franchisors and franchisees in litigation and arbitration cases involving state franchise statutes, Federal Trade Commission regulations, RICO, the Lanham Act and a broad range of common law and statutory actions involving breach of contract; trademark and copyright infringement; enforcement or breach of covenants not to compete; termination of franchise agreements and related restraining orders or injunctions; transfers of franchises; and enforcement of franchise agreement provisions regarding operation of the franchise system.

In addition to representing clients in the litigation or arbitration of franchise matters, Mr. Malley serves on the Panel of Commercial Arbitrators for the American Arbitration Association as an arbitrator of franchise disputes.