DAVID L. PRATT II
David advises both franchisors and franchisees on the various aspects of franchise and distribution law. David prides himself on taking a full-perspective approach and considering each client’s unique business system to develop the best strategies to achieve compliant and effective results. To that end, he frequently advises clients on alternative non-franchise growth strategies, such as license agreements and joint venture relationships. But franchising remains David’s primary area of practice through which he has extensive experience assisting emerging brands and business owners with navigating federal and state disclosure, registration, and business opportunity laws, preparing federal franchise disclosure documents, filing state-specific notice and registration applications, negotiating multi-unit franchise transactions, drafting franchise and licensing agreements, restructuring existing business systems, negotiating commercial business relationships, and acquiring or selling business components and assets.
David also assists clients with identifying and protecting trademarks, copyrights, trade dress, trade secrets, and other intellectual property rights, as well as general business law matters, such as contract preparation and negotiation, entity formation and structuring, and corporate compliance matters.
From time to time, David also provides litigation support services with an emphasis on post-trial appellate issues, such as dispositive motions, jury charge preparation and argument, preservation of error, and other matters likely to be taken on appeal. He has worked on dozens of trial-level cases and has briefed and presented oral argument in several appeals to the Texas Courts of Appeal and the Texas Supreme Court.
PRIMARY PRACTICE AREAS
* Franchise and Distribution
* Business & Corporate
* Trademarks, Copyrights & Trade Secrets
* Mergers & Acquisitions
* The University of Texas at Austin | BBA with Honors – Finance | 2004
* Texas A&M University School of Law | J.D. cum laude | 2007
* State Bar of Texas (2007)
* U.S. Court of Appeals, Fifth Circuit (2010)
* U.S. District Court, Northern District of Texas (2008)
AWARDS & RECOGNITIONS
* Franchise Times Legal Eagle (2014)
* Texas Super Lawyers Rising Star (annually since 2011)
* Fort Worth Magazine Top Attorney (annually since 2009)
* American Society of Legal Writers “Scribes” Brief Writing Award (2007)
* National Order of Barristers (2007)
SELECTED PUBLICATIONS & PRESENTATIONS
* So You Want to Buy a Franchise? | Plaid for Women Radio | 2013
* What Can Apple Teach Franchisors About Being Distinctive? | Franchise Info | 2013
* The FTC Eliminates Franchisors’ Exclusive Territories | Franchise Info | 2013
* Texas Legislature to Consider Uniform Trade Secrets Act | FWBP | 2013
* Franchising for the Non-Expert | Texas Wesleyan Business Expansion CLEP | 2013
* Franchise Systems: The Role of the Accountant | Weaver CPE | 2012
* Franchise Law for the Non-Franchise Lawyer | Johnson County Bar CLEP| 2012
* Franchise Development: Creating Turn-Key Business Systems | FWBP | 2010
* Fantasy Sports and the Right of Publicity | Texas Wesleyan Law Review 13.1 | 2006
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