Kevin Hein focuses his practice in franchising and product distribution law. A partner in the Denver office, he is a leader of the Faegre Baker Daniels franchise team, a premier international franchise practice representing franchisors with headquarters based across the United States and internationally.
Kevin counsels both emerging and mature franchisors in a variety of industries, ranging from companies with thousands of locations worldwide to companies who are in the initial stages of building their franchise systems. These clients operate in dozens of industries where franchising plays a key role in the U.S. and global economies.
A highly effective franchise lawyer, Kevin combines his legal experience with a passion for, and keen understanding of, franchising to find practical solutions for clients. Like the rest of the Faegre Baker Daniels franchise team, he is committed to focusing on what matters and making a difference in working with franchisors on their challenges and opportunities. His experience is based on nearly 20 years of working closely with clients—getting to know them and their businesses, goals and objectives. He listens, asks questions, and works hard to find both business and legal solutions and approaches that work for franchisors.
Kevin's experience includes:
- Structuring domestic and international in-bound franchise programs—single unit, multi-unit, area director and master franchise
- Franchise mergers and acquisitions/due diligence
- Drafting and registering FDDs and related franchise documents
- Franchise sales compliance, financial performance representations, lead referral networks
- Product distribution and vendor programs (including franchisor rebate programs)
- Addressing and resolving system expansion and "encroachment" issues
- Franchisee advisory councils and independent franchise associations
- Trademark and brand protection, marketing and advertising
- National accounts
- System standards compliance
- Transfers/assignments
- Default and termination, post-termination issues
Kevin also offers his clients extensive experience in corporate compliance, real estate, bankruptcy issues, mergers & acquisitions, and dispute resolution. In addition, he has extensive experience and expertise in the following industries:
Restaurants and Food Service – representation of start up and established restaurants, restaurant companies, and food service companies operating in either a franchised or corporate owned environment. Kevin's extensive experience in the restaurant and food service industries includes advising clients regarding corporate formation, real estate acquisition and development, leasing issues, corporate financing activities, mergers and acquisitions, dispute resolution, general corporate matters, and franchise relationship issues.
Health Care and Wellness – representation of established and emerging companies offering franchising and licensing opportunities in the health care and wellness industries. Kevin works closely with the attorneys in the firm's health care practice group to ensure that franchise systems and licensing programs offered in the health care and wellness space are structure to comply with federal and state laws regarding corporate practice of medicine, fee splitting, Stark and physician self-referral regulations, HIPAA compliance, and other health care related compliance issues. Kevin also provides advice and counsel regarding corporate formation and compliance, financing, mergers and acquisitions, dispute resolution, real estate matters, and franchise relationship issues.
Retail – representation of companies offering products and services through retail establishments. Kevin's extensive experience in the retail industry includes advising companies regarding corporate formation and structuring, real estate leasing, acquisition and development, financing activities, mergers and acquisitions, dispute resolution, and franchise relationship issues.
Petroleum – representation of companies selling petroleum products through retail locations. Kevin's experience includes counseling regarding state and federal franchise law compliance, compliance with the Petroleum Marketing Practices Act, and state petroleum dealership issues. Kevin also provides advice and counsel regarding corporate formation and compliance, financing, mergers and acquisitions, dispute resolution, real estate matters, and franchise relationship issues. Kevin worked on the business side of the retail petroleum industry for four years prior to attending law school.