ABA Forum on Franchising on LinkedIn: 47th Annual Forum on Franchising: Franchising Heats Up (2024)

Annual Meeting Highlight: Intensive 3: Multiple Voices at the Table—Effective Franchisee Associations and Franchise Advisory CouncilsIndependent franchisee associations and franchise advisory councils are sometimes misunderstood or perceived as a potential threat, but an association or FAC can benefit a franchise system by providing franchisees and the franchisor with a means of effectively communicating about issues, ideas, plans, and shared and diverging interests in a constructive manner.Speakers Andrew Beilfuss (Quarles & Brady LLP), Ron Gardner (Dady & Gardner, P.A.), Eric H. Karp (Warner, Federico, & Ryan, LLP), Brenda Trickey (Zaxby’s Franchising, LLC), and Kate B. Ward (KFC US) will discuss the potential benefits to all parties, including how an association or FAC can become key to driving culture, protecting the brand, increasing franchisee buy-in and unit level economics, and ultimately, improving franchisor valuation.This intensive will cover the formation process; foundational issues, including structure, mission, membership, and governance; and statutory protections for associations.The panelists will provide tips as to how counsel can assist a franchisor client in optimizing its relationship with an association or FAC to glean insights about the state of its system; enhance communications; and provide mechanisms for building consensus on system updates, upgrades and changes. This intensive will also explore best practices for establishing and then integrating an association or FAC into a franchise system. Click here to register! https://lnkd.in/gcwdqXQA

11

Intensive 2: Privacy, Please: Practical Tips for Navigating the Complexities of Domestic and International Data Privacy LawsDomestic and international data privacy laws can be a legal landmine for franchisors and franchisees alike without knowledge of such laws and adequate preparation.This intensive is focused on helping franchisors and franchisees understand their duties and obligations related to the collection of personal data in franchise systems, and the consequences of violating such data privacy laws. Speakers Beata Krakus Krakus (UB Greensfelder), Anthony Marks (Bryan Cave Leighton Paisner LLP), John Pratt H. Pratt (Hamilton Pratt), Jacqueline Romano (Purpose Brands LLC), and David Zetoony (Greenberg Traurig, LLC). will cover collection, storage and usage of data; development of programs and privacy policies as required and to mitigate risk; management of data flow between various sources; allocation of data privacy responsibilities between franchisor and franchisee; contractual provisions franchisors and franchisees should implement related to data; and the management of data subject access requests.EARLY BIRD EXPIRES SOON! Register by Friday August 16th, you can save up to $250 with the early bird discount. See you in Phoenix!!Click here to learn more and register! https://lnkd.in/gcwdqXQA

3

EARLY BIRD DISCOUNT EXPIRES SOON!! Don't forget to register for the Forum on Franchising Annual Meeting before August 16th to save up to $250!Register here! https://lnkd.in/gcwdqXQA

13

1 Comment

Annual Meeting Highlight: Intensive 1: Fundamentals of FranchisingThis key kickoff intensive provides a comprehensive overview of the fundamentals of franchise law from experienced franchisor and franchisee attorneys. Caroline Fichter (Bundy & Fichter PLLC), Mark Forseth (Marriott Hotels International Limited), Susan Grueneberg (Cozen O’Connor P.C.), H. Bret Lowell (DLA Piper LLC), Heather Carson Perkins (Faegre Drinker Biddle & Reath LLP), and Shelley Spandorf (Davis Wright Tremaine LLP) will cover the basics of disclosure and registration, intellectual property and antitrust laws, relationship laws, structuring the franchise, international franchising, and representing the franchisee.The speakers will provide a variety of perspectives of the foundational aspects of franchising perfect for lawyers new to franchising or as a cool refresher to long-practicing franchise attorneys enjoying the warmth of Phoenix, Arizona. Each attendee will receive a copy of the most current edition of The Fundamentals of Franchising.Click here to learn more and register! https://lnkd.in/gmpytNcQ Don’t forget if you register before Friday August 16th, you can save up to $250 with the early bird discount. See you in Phoenix!!

1

1 Comment

Annual Meeting Highlight: W-15: Fundamentals 201: Often Overlooked Provisions in Franchise AgreementsVital contract drafting tip: THERE IS NO SUCH THING AS A BOILERPLATE TERM.Every provision in a franchise agreement has the potential to become valuable or damaging to your client’s business.Yet, we all can relate to getting to the point when reading an agreement where we start to skim over the text and mentally skip to the signature pages. The provision you skim over may become the key provision in resolving a dispute, modifying the franchise system, renewing the franchise agreement, establishing when the franchisee is in default, or determining whether or not the franchisor can engage in a merger or acquisition.Don’t overlook this workshop.Join Robert Lauer (Haynes and Boone LLP) and Josh Piper (Miller Nash LLP) as they serve as your guides through some of the less frequented, but still important, portions of the franchise agreement. Click here to learn more and register! https://lnkd.in/gcwdqXQA

12

1 Comment

W-17: The Crossroads of Real Estate, Bankruptcy, Lending and Franchise Law – Key Considerations for FranchisorsThe typical franchise agreement is a two-party relationship between the franchisor and the franchisee.But for many retail brands that use brick-and-mortar storefronts, there is often an important third party in the mix: the franchisee’s landlord.It is important for franchisor counsel to understand how the franchisee’s lease with its landlord will impact the franchisor’s ability to enforce its rights under the franchise agreement and protect the brand’s presence in the market. In Workshop 17, Elizabeth Barger Rose (Caiola & Rose LLC) and Mark Shapiro (Hyland Levin Shapiro LLP) will engage in some real talk about real estate, discussing: what needs to be in those lease riders signed by the franchisee’s landlord; how the lease terms impact the de-identification process; how the real estate interests impact, and are impacted by, the bankruptcy process; and more. Click here to learn more and register!https://lnkd.in/gmpytNcQ

8

Workshop 12: Who Told You That? – Representations by Third Parties Outside the FDDA franchisor’s FDD is supposed to be the sole source of pre-sale representations about franchise opportunities. However, prospective franchisees frequently conduct their own due diligence and may rely on information provided by brokers, current and former franchisees, master franchisees, social media, and franchise review sites. What happens when a franchisee uses information provided by these third parties as the basis for a claim against the franchisor?Join Carmen D. Caruso (Carmen D. Caruso Law Firm), Samuel Mallick (Haynes and Boone, LLP) and Susan Tegt (Scooter’s Coffee, LLC) for a comprehensive discussion of how courts address such claims. The panel will consider whether a franchisee’s reliance on third party information may be reasonable; the role of merger clauses, questionnaires, and estoppel certificates; and jurisdictional differences in treatment of these issues. They will also discuss best practices for dealing with third party representations and how franchisors can mitigate liability.Learn more and register https://lnkd.in/gQBK8tef

13

Annual Meeting Highlight: Plenary Two: Being Intelligent about Artificial IntelligenceArtificial Intelligence and machine learning tools have been dominating the headlines in law journals and discussions in the legal community. Businesses are eager to sell firms and attorneys on AI programs that can conduct legal research, review documents and draft correspondence or motions. Clients are asking if their counsel can reduce costs by using AI to review franchise agreements and draft disclosure documents. Judges and state bar associations are issuing rules and guidance regarding the use of AI in litigation and other facets of the practice of law. What does this mean for franchise attorneys? Join award-winning professor and scholar Daniel Schwarcz (University of Minnesota Law School) and moderator Brittany Johnson (Starbucks Corporation) for an in-depth discussion of AI’s current and potential future impacts on the legal profession. This plenary will explore the benefits, risks, and ethical considerations for franchise attorneys related to the use of AI, including possible impacts on law firm management, professional development, and attorney-client relationships. Learn more and register here! https://lnkd.in/gmpytNcQ

5

Annual Meeting Highlight: Exiting Gracefully-Effective Resale and Refranchising ProgramsSometimes good things come to an end, including franchise relationships. Whether that exit route is smooth or bumpy may depend, in part, on whether the franchisor has developed effective franchisor assisted transfer processes. Join Michael Boxerman (Marcus & Boxerman), Noah Leszcz (Cassels Brock & Blackwell LLP), and Karen Marchiano (TBC International LLC) for a discussion of best practices for franchisors in the U.S. and Canada. They will share practical tips for developing an effective transfer program that provides avenues for keeping a location in the franchise system rather than risking the loss of the location to a competing operator or an empty storefront.Learn more and register here https://lnkd.in/gmpytNcQ

11

3 Comments