Practice Areas

Breton H. Permesly

Breton H. Permesly

Partner
Location:
New York, New York
Phone:
212-755-3100
212-705-0855
Fax:
212-755-3174

Bret specializes in legal and business issues associated with domestic and international franchising and licensing relationships. His representative clients include existing leaders in various franchise industries as well as a number of cutting edge start-up concepts. Bret is a trusted advisor to private equity concerns and investors buying and selling franchise systems, or investing in them, and outside law firms and investors seeking due diligence and related franchise expertise in connection with franchise related mergers and acquisitions and other transactions involving franchising and licensing components.

Bret's unique combination of franchise, corporate and litigation experience provides franchisors and other business networks with comprehensive legal and business guidance during all phases of the business life-cycle, from initial structuring through financing or sales events. More specifically, Bret represents franchisors and businesses exploring various expansion models in all phases of development, including:

• analyzing whether to pursue franchising or alternative structures as an expansion mechanism;
• structuring and developing new franchise systems, license systems and joint ventures;
• preparing domestic and international franchise disclosure documents, franchise agreements, development agreements and ancillary deal documents;
• counseling regarding franchise and business opportunity registration and disclosure laws;
• establishing and administering franchise compliance programs and exemption strategies;
• negotiating domestic and international area development and master franchise deals;
• resolving day-to-day system issues and maintaining good franchisee/distributor relations;
• handling crisis situations and complex and sensitive relationship and termination issues;
• providing due diligence and related franchise expertise in connection with mergers and acquisitions and other transactions involving franchise systems, including securitizations.

In addition to assisting franchisors throughout the United States, Bret has significant experience representing franchisors in their international expansion, including through joint ventures, master franchising, and area development relationships. Bret has assisted franchisors with structuring, compliance, relationship and ancillary issues in establishing and maintaining operations throughout Asia, Central America, South America, Europe, the Middle East and Caribbean.

Bret also assists his clients with a wide variety of general corporate needs, including the preparation and negotiation of domestic and international contracts, corporate organizations and reorganizations; joint ventures, mergers and acquisitions; employment and shareholder agreements and disputes; licensing agreements; real estate matters; and, intellectual property matters. Bret has also been retained by clients to negotiate complex disputes in various contexts.

Bret has been selected as a "Legal Eagle" by Franchise Times every year since 2014 and has been featured as a "New York Super Lawyer" every year since 2013 as published in the New York Times.

Areas of Practice

  • Domestic and International Franchising and Licensing
  • General Corporate Matters and Business Counseling
  • Commercial Transactions
  • Dispute Resolution

Bar Admissions

  • New York
  • Florida
  • District of Columbia

Education

  • Florida State University College of Law, Tallahassee, Florida
    • J.D. cum laude
  • Washington and Lee University
    • B.A. cum laude

Published Works

  • Co-Author, “Menu Labeling,” American Bar Association, 39th Annual Forum on Franchising, November 2016
  • Co-Author, “Practical And Real World Steps A Franchisor Can Take To Provide Effective Support Without Crossing Joint-Employer Territory,” International Franchise Association, May 2016
  • Co-Author, "A Franchisor Is Not The Employer of Its Franchisees or Their Employees," Franchise Law Journal, Vol. 34, No. 4, 2015
  • "Franchise Related Mergers and Acquisitions," IFA Legal Symposium, Chicago, Illinois, May, 2014
  • "Alesha Ketterling v. Burger King Corporation: Further Support for Emerging Trend in Franchise Vicarious Liability Cases," The Franchise Lawyer, 2012
  • "Disclosure: What you Need to Know," IFA Legal Symposium, Washington D.C., May, 2012
  • Co-Author, "Using the EB-5 Visa as a Source for Franchisee Candidates in a Tight Credit Market," International Journal of Franchising Law, 2011
  • Co-Author, "Licensing versus Franchising: Harness Multi-Unit Growth...and Avoid Pitfalls," Today's Restaurant, August, 2009
  • Co-Author, "So You Want to Purchase A Franchise. Now What?" Franchise Forum's Weblog, October, 2008
  • Co-Author, "Franchising in Unique Venues," American Bar Association Forum on Franchising, October, 2008

Classes/Seminars

  • Facilitator: “Exemption Based Franchising for Established and Start-Up Franchisors,” International Franchise Association, Washington D.C. (May 2017)
  • Speaker, “Menu Labeling,” American Bar Association, 39th Annual Forum on Franchising, Miami, Florida (November 2016)
  • Speaker, “Practical And Real World Steps A Franchisor Can Take To Provide Effective Support Without Crossing Joint-Employer Territory,” International Franchise Association, Washington D.C. (May 2016)
  • Speaker, “How Much Am I Going to Earn?: How Franchisors May (and May Not) Answer This Question,” International Franchise Expo, New York City (June 2015)
  • Speaker, “The Basics of Developing a Franchise System,” International Franchise Expo, New York City (June 2015)
  • Speaker, “Cutting Edge Franchise Agreements and Concepts,” International Franchise Expo, New York City (June 2015)
  • Speaker/Moderator, “Franchise Related Mergers and Acquisitions,” International Franchise Association Legal Symposium, Chicago, Illinois (May 2014)
  • Facilitator, “Dealing with Franchise Renewal Issues,” International Franchise Association Annual Convention, New Orleans, Louisiana (February 2014)
  • Speaker/Moderator, “Disclosure: What you Need to Know,” International Franchise Association Legal Symposium, Washington D.C. (May 2012)
  • Speaker, “How to Franchise your Business,” Suncoast Business Opportunity Expo, Tampa, Florida (July 2010)
  • Speaker, “One for All and All for One: Understanding and Improving the Franchisee/Franchisor Relationship,” International Franchise Expo, Washington, D.C. (April 2008)

Honors and Awards

  • Franchise Times Legal Eagle – 2014 through current
  • Super Lawyers New York – 2013 through current
  • Florida's Legal Elite, Franchise Law

Professional Associations and Memberships

  • International Franchise Association Legal Symposium, Task Force Member, 2017
  • International Franchise Association Legal Symposium, Task Force Member, 2013
  • International Franchise Association Legal Symposium, Task Force Member, 2012
  • American Bar Association, Forum on Franchising
  • International Franchise Association
  • New York State Bar Association, Franchise Section

Past Employment Positions

  • Phelps Dunbar LLP