Profile
Bret Permesly concentrates his practice on domestic and international franchising, licensing, and distribution matters. Bret represents some of the largest brands in the world as well as cutting-edge start-up concepts in a wide range of industries, including food and beverage, hospitality, sports and fitness, retail, wellness and leisure. His experience includes advising clients on options for domestic and international expansion using a variety of structures; preparing and negotiating complex franchise and commercial agreements; organizing and structuring joint venture, franchise and distribution systems; establishing and administering national and international franchise growth and compliance programs; and, counseling clients on a wide variety of industry-related topics.
Bret also acts as a trusted advisor to private equity concerns and investors buying and selling franchise and distribution systems and investors seeking due diligence and related franchise and distribution expertise in connection with mergers and acquisitions and other transactions involving franchising, licensing and distribution components.
Bret is the former Chair of the New York State Bar’s Franchise, Distribution and Licensing Committee and is currently on the Executive Committee of the New York State Bar’s Business Law Section.
Capabilities
Experience
- Assist clients in structuring and developing new franchise systems, license systems, and joint ventures.
- Advise clients on structuring alternatives to franchising.
- Assist clients in establishing and administering franchise compliance programs and exemption strategies.
- Counsel clients regarding franchise and business opportunity registration and disclosure laws.
- Represent clients in handling crisis situations and complex and sensitive relationship and termination issues.
- Advise clients in connection with litigation, arbitration, mediation and other alternative dispute resolution techniques.
- Represent clients in international expansion through joint ventures, master franchising, and area development relationships.
- Assist clients in negotiating and structuring complex international area development and master franchise deals.
- Advise clients regarding compliance, relationship and ancillary issues in establishing and maintaining international operations.
- Counsel clients regarding obtaining and maintaining international intellectual property protection.
- Represent clients in connection with international development and operations throughout Asia, Australia, Central America, South America, Europe, Malaysia, the Middle East, Caribbean, and Canada.
- Advise private equity firms and investors on buying, selling and investing in franchise and license systems.
- Counsel investors in connection with due diligence and advice related to franchise mergers and acquisitions.
- Advise clients on sophisticated franchise-related financing transactions, including securitizations of a franchisor's royalty stream.
- Represent clients in acquiring franchised locations and selling company-owned locations.
- Advise clients in the strategic acquisition and operation of companion brands.
Recognition & Leadership
- Listed, The Best Lawyers in America, Franchise Law, 2021-2025
- Listed, Chambers USA Guide, 2021-2024
- Franchising, 2022-2024
- Franchising, "Up and Coming," 2021
- Listed, Franchise Times, “Legal Eagle,” 2014-2020 and 2022-2023
- Listed, Who's Who Legal, Global Franchise Guide
- Recommended, 2023
- Listed, Super Lawyers, “New York Metro Super Lawyers,” 2013-2024
- Listed, Florida's Legal Elite, Franchise Law
- International Franchise Association Legal Symposium
- Task Force Member, 2012, 2013 and 2017-2019
- Member, American Bar Association, Forum on Franchising
- Member, International Franchise Association
- Member, New York State Bar Association
- Executive Committee, Business Law Section, 2022-Present
- Chair, Franchise Licensing & Distribution Law Committee, 2019-2022
Credentials
- J.D., cum laude, Florida State University College of Law
- B.A., cum laude, Washington and Lee University
- New York