I-1 Fundamentals of Franchising®

This program provides a comprehensive overview of franchise law for those who want an introduction to the field, as well as those who would like a refresher on one or more areas of franchise law. Some of the nation’s top franchise lawyers will discuss structuring the franchise relationship, disclosure and registration requirements, defining and protecting a franchise system’s intellectual property, franchise relationship laws, antitrust considerations and representation of franchisees.

  Jennifer C. Debrow Harris J. Chernow Steven M. Goldman
  Kathryn M. Kotel Leslie Smith Porter Dennis E. Wieczorek

I-2 Developments Under the Amended FTC Rule – Learning from our Mistakes

When the amended FTC Franchise Rule and Statement of Basis and Purpose were adopted in January 2007, no additional guidelines were issued at the time. Since then, both NASAA and the FTC have worked to clarify some potentially ambiguous provisions of the amended Rule. A panel of veteran franchise lawyers, an experienced franchise paralegal and federal and state regulators will review the development of additional commentary on the amended Rule, including the recently issued FTC Compliance Guide, and provide insight on issues clarified as well as those left unresolved. In addition, with the mandatory compliance date for disclosure under the amended Rule having passed, the panel will discuss lessons learned to date. This workshop will also draw on the experiences of state regulators who will describe issues they are encountering in the registration process, and the panelists will discuss best practices in addressing them. Finally, the panelists will identify the states that have not changed their laws to mirror the amended Rule’s delivery or disclosure requirements, and will address special challenges in those states.

  Victoria T. Blackwell Dale Cantone Anne Connelly
  Lois C. Greisman (FTC) Susan Grueneberg Kevin P. Hein
  Janet L. Reyes    

I-3 Evidentiary and Trial Issues in Franchise Cases

In this advanced program, experienced franchisor and franchisee trial counsel, together with a highly respected evidence professor from the University of Texas Law School, will explore critical evidentiary and ethical issues that often arise in the trial or arbitration of franchise disputes. The panelists will offer practical suggestions with respect to introducing or objecting to key evidence and will consider the strategic implications of evidence issues that must be considered in trial planning. The issues the panel will discuss include whether evidence of dealings with other franchisees can be introduced in a franchisee’s trial; whether outside franchisor counsel who signed a termination letter (or drafted the franchise agreement) should be disqualified from acting as trial counsel; whether trial counsel can interview the other side’s present or former employees without going through opposing counsel; whether a disclosure document is “extrinsic evidence;” what type of evidence is relevant to proving or disproving an alleged breach of the implied covenant of good faith performance; and whether “expert” testimony on “the nature of franchising” or what is “normal in franchise arrangements” should be admitted into evidence. The panel will also consider cutting edge issues relating to the use and admissibility of electronic evidence, including Internet postings, instant messaging, and historic web pages. This program will be interactive with audience participation encouraged.

  Jon P. Christiansen Carmen D. Caruso Michael Garner
  Steven Goode Robin M. Spencer

Plenary Sessions

P-1 Making the Pen Mightier than the Sword

Written advocacy and contract drafting are critical to the role of franchise counsel, but when was the last time you really thought about and refined those skills? In this plenary session, Bryan A. Garner, co-author with Justice Antonin Scalia of the recent book “Making Your Case: The Art of Persuading Judges,” will help you do just that. Mr. Garner will focus on writing and drafting techniques that result in more effective and persuasive legal documents. At the end of this session, you will be better able to frame issues in a way that will get the judge’s attention; achieve a leaner style of writing; and draft clearer and more precise contracts. Join “America’s foremost scholar on the language of the law” to learn how to write more clearly and powerfully.

  Bryan A. Garner

P-2 Annual Developments

This is 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.

  David A. Beyer Natalma (Tami) M. McKnew