Practice Overview

Chuck Modell has represented franchisors throughout the country in most every imaginable scenario over the course of his 40-year legal career. He counsels franchisors in every stage of their development, including the decision to franchise, preparation and registration of franchise documents, management of franchise relationships, franchise growth strategies, negotiation of supplier and joint venture agreements, and termination of franchise relationships. He also represents private equity companies and existing franchisors in buying and selling franchise companies.

Chuck has been an active participant in the franchise law community for four decades, and was the first franchise lawyer in the Midwest to be awarded the designation of Certified Franchise Executive by the Institute of Franchise Executives. He has held multiple leadership positions within franchise industry organizations. Chuck currently serves as a member of the North American Securities Administrators Association Franchise Project Group, which advises state and federal regulators on franchise law issues and trains state franchise examiners. In 2017, he was recognized by the American Bar Association with the Forum on Franchising’s Lewis G. Rudnick Award, the highest and most prestigious award a franchise attorney can receive, recognizing his experience, professionalism and leadership in franchising.

Representative Experience

New Franchisors

  • Structured franchise offerings, including preparation of disclosure documents and franchise agreements, for numerous start-up systems throughout the U.S., including full service restaurants, quick service restaurants, retail stores, direct mail businesses, home inspection services, convenience stores, hotels, tanning salons, weight loss clinics, and vending machine companies.

Emerging & Mature Franchisors

  • Structuring a new program for franchisees - Assisted a franchisor in structuring a new program that required participation by all franchisees, overcoming challenges from franchisees, including litigation. Devised a strategy that led to acceptance of the program, dismissal of the litigation, and a $5 million annual income stream to our client.
  • Franchise royalty program - Restructured a company’s franchise royalty program to address fundamental changes in the industry and assisted franchisor in developing a strategy for acceptance by existing franchisees.
  • Franchise restructuring and refinancing - Developed and implemented a $10 million restructure for a Minnesota-based franchise company, involving the sale of several company-owned stores, and refinancing of existing debt to reduce the client’s monthly debt service obligations by 50 percent.
  • Financial performance representations - Drafted creative financial performance representations for a number of clients to highlight their strengths vis-à-vis their major competitors.
  • Restructuring in multiple markets - Assisted a Canadian-based franchise company in restructuring its restaurants in several U.S. markets, resulting in the closing of multiple locations, and transfer of others to stronger operators. Drafted legal documents, but also compiled talking points for executives, that resulted in a complete restructure of multiple markets without any adversarial proceedings.
  • Converting franchise agreements to plain English - Rewrote franchise agreements for several franchisors to convert them to plain English, reducing their length by as much as 50 percent.
  • Franchise due diligence for acquisition of competitor - Conducted franchise due diligence on behalf of an existing franchisor client for the $1.9 billion acquisition of a competitor’s franchise system with operations in 48 states and several foreign countries.
  • Sale to private equity company - Negotiated the sale to a private equity company of a significant minority equity investment in a prominent international franchisor, allowing the current owners to monetize a significant portion of their investment, while maintaining majority control of the board of directors.

BAR ADMISSIONS

  • Minnesota, 1977
  • U.S. Federal Court

EDUCATION

  • University of Florida College of Law, Gainesville, FL, 1977 J.D.
  • Managing Editor, University Law Review, 1975-1977
  • Honors: High Honors, Order of the Coif
  • University of Florida, Gainesville, FL, 1974 B.S. in Broadcasting

HONORS

  • Lewis G. Rudnick Award, American Bar Association Forum on Franchising, 2017
  • Leader in Franchise Law - Chambers USA, 2008 - Present
  • Best Lawyers in America,® Franchise Law, 2007 - Present
  • Minneapolis Franchise Law Lawyer of the Year, 2014, 2018, 2020
  • Legal Eagle, Top Franchise Lawyers in the U.S. and Canada, Franchise Times, 2006 - Present
  • Franchise Lawyer Hall of Fame, 2013
  • International Who's Who of Franchise Lawyers, 2000 - Present
  • International Who's Who of Business Lawyers, 2002 - Present
  • Super Lawyer,® Super Lawyers magazine, 2001 - Present
  • Super Lawyer,® Super Lawyers Corporate Counsel Edition, Franchise & Distribution, 2008 - Present

PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

  • Advisory Committee member, North American Securities Administrators Association Franchise Project Group, 2011 - present
  • Governing Committee, American Bar Association Forum on Franchising, 2001 - 2007; Financial Officer, 2001-2007
  • Program chair, 2004 American Bar Association Forum on Franchising, Vancouver, British Columbia
  • Strategic Advisory Board, International Institute for Franchise Education at Nova Southeastern University in Fort Lauderdale, Florida, 2003 - 2004
  • International Franchise Association: Legal/Legislative Committee, 1983-present; Franchise Relations Committee, 1995 - 2002
  • Board Member, International Franchise Association, Council of Franchise Suppliers, 1995 - 2001
  • Editorial Board of the Law Journal Newsletters’ Franchise & Business Law Alert, 2003 - 2015
  • Board of Advisors, Franchise Management Institute, University of St. Thomas, St. Paul, Minnesota, 1990 - 2002
  • Franchise Law Journal (American Bar Association), Topics and Articles Editor, 1995 - 1996; Associate Editor, 1997 - 1998