Keri A. McWilliams
Partner / Co-leader, Franchising & Distribution / Deputy Co-leader, Food, Beverage, and Agribusiness
Introduction
Keri McWilliams is co-leader of the Franchise & Distribution team. She represents franchisors across numerous industries, including restaurants, retail, education, cannabis, and health and wellness, in all aspects of their corporate relationships. Keri is also a member of the Health and Wellness initiative, a member of the Cannabis team, and a deputy co-leader of the Food, Beverage, and Agribusiness team. Keri is also a leader in the franchise industry, serving as an associate editor of The Franchise Lawyer from 2015–2021 and the current vice-chair of the International Franchise Association Legal Legislative Committee. She is a regular writer and presenter on franchise law topics, including as a recurring speaker and presenter for the International Franchise Association Legal Symposium, the American Bar Association Forum on Franchising, and the Georgetown University Franchise Management program.
My focus
Franchising Compliance
I represent a variety of franchise systems on compliance matters, ranging from emerging brands developing their franchise programs to well-established concepts with more than 1000 units. I work with franchisors to prepare and update franchise agreements and disclosure documents, to obtain and manage franchise registrations in the United States, and to provide guidance regarding compliance with state, federal, and international franchise laws.
Franchise Counseling and Transactions
I counsel franchisors regarding ongoing franchise system issues, such as franchisee defaults, vicarious liability, joint employer liability, and franchisee associations. In addition, I provide strategic counsel on franchise transactions and system evolution, such as negotiation of large multi-unit development deals, sales of franchise systems to strategic investors, and conversions of businesses to and from the franchise model.
International Franchising
I routinely advise U.S. franchisors regarding international development. I have a trusted network of local counsel with whom I regularly collaborate and have helped U.S. franchisors expand into more than 25 countries around the world. In addition, I regularly assist international concepts entering the U.S. market by advising on local compliance and strategic expansion.
Looking ahead
I see continued growth in domestic and international franchising as franchisors look for new opportunities to expand and business owners see franchising as an investment that complements their business goals.
Presentations
- “Legal Analysis of the Franchise Model,” Georgetown University Franchise Management Course Spring 2022 Course II, April 2022 (presenter)
- “Women In Franchising Leadership Panel Discussion,” Delaware Black Chamber of Commerce-Women In Franchising Leadership, March 2022 (panelist)
- “Three’s A Crowd: Navigating The World of Franchisor, Master Franchisee/Area Representative, and Unit Franchisee Relationships and Their Distinct Interests,” 44th Annual ABA Forum on Franchising, October 2021 (co-author)
- “United States,” The Franchise Law Review, 8th edition, Chapter 42, Law Business Research Ltd., March 2021 (co-author)
- “General Session with Judicial Update: Franchise Termination and Bankruptcy Cases,” International Franchise Association Legal Symposium, May 2019
- “Franchise Desk Book, 3d Edition,” Maryland Chapter, ABA Forum on Franchising (2019) (co-author)
- “How to Expand Your Fitness Business Through Brand Management and Careful Investment,” Club Industry, October 2018 (co-author)
- “Exemptions and Exclusions under Federal and State Franchise Registration and Disclosure Laws,” North Dakota Chapter, ABA Forum on Franchising (2017) (co-author)
Representative experience
- Represent a medical cannabis franchisor in developing a franchise retail model, which includes preparing franchise documents (franchise agreement, franchise disclosure document, construction management agreement, and related ancillary document) as well as securing franchise registration in five states where medical cannabis is legal to begin licensing their brand.
- Advise a popular burger restaurant on a variety of franchise matters, both domestic and international, including their U.S. franchise disclosures and registrations and international transactions in Asia, Europe, South Africa, and several other foreign countries.
- Advised and assisted a well-established Taiwanese franchise brand in its U.S. expansion efforts.
- Assisted a large U.S. fitness franchisor during period of rapid growth from 600 units to more than 1200 units with a wide variety of franchise matters.
- Advise a large retail chain with over 1,200 specialty children’s apparel stores on a variety of international matters, including matters in China, South America, Eastern Europe, and Asia.
- Represent a franchise of early education and child care centers on its domestic franchise matters; advise on state registrations, various litigation matters, and trademark and intellectual property matters.
Admitted to practice
District of Columbia
Minnesota
Education
Georgetown University Law Center, J.D.
Washington University, B.F.A.
Professional activities
- Member, American Bar Association’s Forum on Franchising and the International Franchise Association
- Associate Editor, The Franchise Lawyer, an American Bar Association publication
- American Bar Association Forum on Franchising Nominating Committee, 2017
- Committee member, American Bar Association Forum on Franchising, Young Lawyers Division, September 2014–September 2015
- NASAA Franchise and Business Opportunity Advisory Committee Member June 2022–December 2023
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Franchise Law; listed since 2019
- Keri has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2022 for Franchising (Nationwide).
- Super Lawyers Magazine—Recognized in Washington, DC, as a “Rising Star” in the area of franchise and dealership (2014-2018)
- American Bar Association Forum on Franchising—Received the 2015 Chair’s Award for Substantial Written Work or Presentation
News Mentions
- The Legal Intelligencer
Credit Card Information Security Issues in Franchising
New York City partner and leader of the firm’s Franchise & Distribution practice Craig Tractenberg and Washington, DC, IP Litigation and Franchise & Distribution associate Keri McWilliams authored this piece discussing important data security issues for the franchise industry.Oct 31, 2014 - The Deal
Movers & Shakers
The following coverage notes the recent appointment of Washington DC partner Kendal Tyre and associate Keri McWilliams to co-leaders of the firm’s franchise practice team.May 12, 2017 - Washington Post
Washington-area appointments and promotions for May 15
The following coverage notes the recent appointment of Washington DC partner Kendal Tyre and associate Keri McWilliams to co-leaders of the firm’s franchise practice team.May 14, 2017 - Law360
Law360 names attorneys who moved up the firm ranks in Q1
May 7, 2018In this roundup of promotions to partner and firm management positions, 14 attorneys from Nixon Peabody are highlighted. The 11 attorneys promoted to partner are Ellie Altshuler, Mark Beaudoin, Erik Birkeneder, Hannah Bornstein, Chris Browning, Barry Carrigan, Keri McWilliams, Matt Mullen, Steven Richard, Charles Tamuleviz and Alison Torbitt. In addition, Kenneth C. Lind was promoted to leader of the firms’ public finance practice group, Justin Thompson was promoted to office managing partner in LA, and Aaron Yowell was promoted to chief innovation officer.
- Club Industry
How Franchising and Licensing Can Be Avenues to Expand Your Fitness Business
In the second part of this two-part column, Nixon Peabody attorneys Kristin Jamberdino, Keri McWilliams, and Tarae Howell discuss potential avenues of expansion for fitness studios, including licensing and franchising. Click here to read Part Two.Nov 1, 2018 - Club Industry
How to expand your fitness business through brand management and careful investment
New York City Complex Commercial Disputes partner Kristin Jamberdino, Washington DC Corporate partner Keri McWilliams and Boston Complex Commercial Disputes associate Tarae Howell co-wrote a two-part contributed article advising boutique fitness entrepreneurs on best practices for expanding their brands. Click here to read Part One.Oct 23, 2018 - Club Industry
How Franchising and Licensing Can Be Avenues to Expand Your Fitness Business
In this column, Nixon Peabody attorneys Kristin Jamberdino, Keri McWilliams, and Tarae Howell discuss potential avenues of expansion for fitness studios, including licensing and franchising.Nov 1, 2018 - Club Industry
How to expand your fitness business through brand management and careful investment
New York City Complex Commercial Disputes partner Kristin Jamberdino; Washington, DC, Corporate partner Keri McWilliams; and Boston Complex Commercial Disputes associate Tarae Howell co-wrote a two-part contributed article advising boutique fitness entrepreneurs on best practices for expanding their brands.Oct 23, 2018 - <a href="https://www.restaurantdive.com/news/will-covid-19-usher-in-permanent-restaurant-paid-sick-leave-policies/574309/" target="_blank">Restaurant Dive</a>
Will COVID-19 usher in permanent restaurant paid sick leave benefits?
Washington, DC, Franchise & Distribution partner Keri McWilliams provides extensive third-party commentary in this article about whether the COVID-19 crisis could usher in permanent paid sick leave for restaurant employees.March 17, 2020 - <a href="https://modernrestaurantmanagement.com/special-considerations-for-restaurants-and-franchised-businesses-under-the-cares-act/" target="_blank">Modern Restaurant Management</a>
Special Considerations for Restaurants and Franchised Businesses Under the CARES Act
Franchising & Distribution co-leader Keri McWilliams in Washington, DC, and Corporate associate Wes Gangi in Chicago contributed this article. Based on a recent client alert, the article covers relief programs available to the restaurants industry, food retailers, and franchisees under the CARES Act and the Paycheck Protection Program.April 29, 2020 - Restaurant Dive
Lack of capital, legislative restrictions may impede franchisees in 2022
This article, focusing on franchising trends and challenges as the restaurant industry heads into 2022, extensively quotes Franchising & Distribution team co-leader and Washington, DC Corporate partner Keri McWilliams for her outlook on increased investment in franchises as a result of rising diner demand and more affordable real estate options. Keri also emphasizes the importance for small and mid-sized franchisees to ensure they’re generating revenue not based solely on in-person and sit-down dining.Nov 8, 2021
Insights And Happenings
Professionals in the Practice Area
View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:415.984.8309
- abarron@nixonpeabody.com
-
Kimberly K. Harding
Partner
Deputy Leader, Litigation Department- Rochester
- Office:585.263.1037
- kharding@nixonpeabody.com
-
John Ruskusky
Partner
Practice Group Leader, Complex Disputes
Leader, Medical Device, Pharmaceuticals and Diagnostic Health- Chicago
- Office:312.977.4460Mobile:708.606.8720
- jtruskusky@nixonpeabody.com
-
Jeffrey S. Brenner
Partner / Practice Group Leader, Construction & Real Estate Litigation- Providence
- Office:401.454.1042
- jbrenner@nixonpeabody.com
-
