Jane Fergason

Partner

Overview

Jane Fergason is a partner with Foley & Lardner LLP. Jane focuses her corporate law practice on helping companies in the United States and abroad with comprehensive business needs, such as mergers, acquisitions and dispositions of companies, franchise, direct sales, distribution, retail, sweepstakes, and advertising. She works with well-established global organizations and startups. Jane is praised by clients for being a good listener and knowing how to make the transactions successful. She has earned a national reputation for litigation involving direct sales.

Her client work frequently includes:

  • Negotiating and drafting acquisition, disposition, and merger agreements.
  • Structuring and documenting direct selling, franchise and distribution programs, including agreements and collateral documents.
  • Advising companies on structuring direct selling, franchise, and distribution relationships that comply with or avoid regulation under state or federal franchise disclosure, business opportunity, or other dealer laws.
  • Advising clients on special industry laws regarding the sale and distribution of motor vehicles, liquor, beer and wine, farm and heavy equipment, and motor fuels.
  • Preparing disclosure documents, and state registration of franchise offers and counseling on compliance with all elements of federal and state disclosure regulations and franchisee recruitment.
  • Structuring advertising and marketing programs and materials in compliance with federal and state laws.
  • Addressing franchisor / franchisee, independent contractor and supplier / distributor relationships and related issues.
  • Advising on sweepstakes advertising and promotions.
  • Drafting manufacturing and supply chain agreements.
  • Advising on tax issues related to direct selling.

Jane is a popular speaker and writer on direct sales issues and trends. She is also an active leader in the firm's Dallas office, chairing Foley's Women's Council and co-chairing the Foley Alumni Relations Team.

Professional Affiliations

  • Member, State Bar of Texas
  • Member, American Bar Association
  • Member, Dallas Bar Association
  • Member, Lawyers Council and Governmental Relations Council, Direct Selling Association Lawyers Council (Washington, D.C.)
  • Co-Founder, Working Late

Community Involvement

  • Board member, The Elisa Project
  • Member, The Dallas Assembly
  • Graduate, Dallas Regional Chamber, Leadership Dallas
  • Graduate, Leadership Arts Institute, Business Council for the Arts
  • Speaker, Direct Selling Association, Legal and Regulatory (Seminar 2019)
  • Speaker, Direct Selling Association (Fall conference 2018)

Honors & Awards

  • Recognized, The Best Lawyers® in America (Steven Naifeh & Gregory White Smith eds., Woodward/White Inc.)
    • Corporate Law (2018)
  • Recognized, Best Lawyers in Dallas, D Magazine (2015, 2017, 2018, 2019)
    • Franchise Law
  • Recognized, AV® Preeminent™ 5.0 out of 5 Peer Review Rated, Martindale-Hubbell® PEER REVIEW RATINGS™

Education

  • Baylor University School of Law (J.D., cum laude, 1981)
  • Baylor University (B.A., summa cum laude, 1979)

Admissions

  • Texas (1982)