This program provides a comprehensive overview of franchise law for those who want a thorough introduction to this field, as well as those who want a refresher on one or more areas of franchise law practice. Some of the nation’s top franchise lawyers will give presentations on structuring the franchise relationship, disclosure and registration requirements, defining and protecting a franchise system’s intellectual property, franchise relationship laws, antitrust, and the representation of franchisees.
Speakers:
Rupert M. Barkoff
Carol Anne Been
Kerry L. Bundy
Harris J. Chernow
Joseph J. Fittante
Susan Gruenberg
I-2 Best Practices for Managing Your Franchise Disclosure and Registration Practice
In-house counsel, outside counsel and paralegals rarely have a forum to discuss the nuts and bolts of issues encountered in managing a franchise disclosure and registration practice. This program will provide such a forum, examining the creation and maintenance of effective franchise disclosure documents (“FDD”) and providing an in-depth review of state registration and disclosure laws. The program will survey the most common and easily avoidable impediments to registration, and suggest ways to expedite registration. In addition, this session will provide a practical overview of the most commonly used federal and state law exemptions from registration and discuss the pros and cons of establishing an exemption-based franchising program, potentially eliminating the need for an FDD. The panel will also explore ethical issues commonly faced by attorneys and paralegals during the creation and registration of FDDs, such as the degree to which counsel may rely on the representations of clients and when additional due diligence is required.
Speakers:
Dale Cantone
Robert A. Lauer
Halima Madjid
Shelley B. Spandorf
I-3 Anatomy of a Franchise Litigation Case
When franchisors and franchisees find themselves in litigation, the stakes include not only damages and injunctive relief but also potentially lasting effects on the franchise system as a whole. This program will provide inside and outside counsel with a comprehensive road map to the procedures and substantive issues they are likely to face in the course of a complex franchise dispute. Our experienced panel will explore the range of legal and political considerations, and demonstrate the skills required, to navigate successfully the challenges that franchise lawsuits present. The program will address whether to sue, the benefits of formal and informal dispute resolution techniques, the differences between arbitration and litigation, the range of effective claims and defenses that franchisors and franchisees may assert, grounds for obtaining injunctive relief and other equitable remedies, best practices and risks in the discovery process, the art of dispositive and pretrial motions, trial considerations, the appellate process, and techniques for enforcing a judgment or arbitration award. Although designed principally for litigators, the program will also appeal to transactional attorneys, whose franchise agreements and dispute resolution clauses will govern many aspects of the litigation or arbitration, and to inside counsel who must manage (and live with the results of) franchise litigation. The program’s faculty will include some of the nation’s most experienced litigators, including three of the authors of The Franchise Litigation Handbook (the text for this program). Attendees will receive the Franchise Litigation Handbook as part of the course materials.
Speakers:
Marcus A. Banks
Erica Calderas
Michael Einbinder
Paula J. Morency
Jonathan C. Solish
Plenary Sessions
Plenary 1 - Speed Reading People: Techniques to Improve Communications and Enhance Outcomes
Whether negotiating a delicate peace treaty, buying a car or trying to resolve a thorny dispute between a franchisor and franchisee through mediation, arbitration or trial, the degree to which the outcome is successful often comes down to one thing: the interpersonal skills of the two people sitting across the table from each other. Only a small percentage of people are naturally gifted communicators. Fortunately, for the vast majority who are not, there is “speed reading people” – using behavioral cues to learn about people’s personalities and communications preferences in order to become a more effective communicator and advocate. This system teaches two invaluable life skills: how to SpeedRead People - quickly understanding others’ key motivations, drives and preferred communication style, and how to SpeedREACH People - instantly getting on another’s wavelength and speaking their language. In this engaging, informative plenary session, Paul D. Tieger, a jury consultant for twenty-five years, creator of the SpeedReading People system and author of The Art of SpeedReading People, will teach participants how to begin to acquire these valuable skills and use them in all of their interpersonal interactions.
Speakers:
Paul Tieger
Plenary 2 - Annual Developments
The Forum’s signature event; join us for a lively, thoughtful and comprehensive review of the year’s key judicial and legislative developments affecting franchising and distribution.
