Resources
CALIFORNIA
Alschuler
Grossman Stein & Kahan, LLP
North
310-907-1000
Fax: 310-907-2000
E-mail: sgrueneberg@agsk.com
Alschuler Grossman Stein &
Kahan, LLP is a nationally recognized law firm
with expertise in structuring franchise and other types of distribution
programs, franchise registration and disclosure compliance, trademark
registration and protection, franchise and dealer dispute resolution and
related areas such as mergers and acquisitions of franchise companies. The firm
has a reputation for effective advocacy in complex business litigation,
professional liability defense and defense of class actions. In addition to all
aspects of franchise law, we are well-positioned to assist clients in the areas
of administrative law, employment law, financial institutions law, insurance
law, intellectual property and technology law, international law, real estate
and public and private securities matters. Our clientele includes national and
regional franchise and subfranchise programs, domestic and international
Fortune 500 companies, middle market companies and emerging businesses in
diverse areas and the entertainment industry. Founded in 1952.
Susan Grueneberg
received both her J.D. (1979) and B.A. (1973) from U.C.L.A.
Ms. Grueneberg is a Past Chair of
the ABA Forum on Franchising; she is also an Advisor to the NASAA Franchise
Project Group, a member of the IFA Legal/Legislative Committee; former Chair of
the California State Bar Franchise Law Committee and former member� Business Law Section Executive Committee.
Ms. Grueneberg has also lectured and
written extensively for the ABA Annual Forum on Franchising the IFA Annual
Legal Symposium, the ABA Annual Meeting, California Continuing Education of the
Bar and at the California State Bar Annual Meeting. She was program Co-Chair of
the 2001 ABA Annual Forum on Franchising. Prior to practicing law, she
completed fellowships in Hong Kong and
Robert L. Kahan
received his J.D. degree from
Mr. Kahan�s professional affiliations include: IFA
Legal/Legislative Committee; ABA Forum on Franchising;
California State Senate Select Committee on Small Business Enterprises
Franchise Development Task Force; former Chair� California State Bar Franchise Law Committee and former Vice Chair� Business Law Section Executive Committee.
Mr. Kahan has been a faculty member
at the ABA Annual Forum on Franchising (1989 "Alternative Distribution
Methods�), the ABA Fundamentals of Franchising, the IFA
Annual Legal Symposium (1987), California Continuing Education of the Bar, the
California State Bar Business Law Section, IFA
Roundtable and the Beverly Hills Bar Association.
William A. Finkelstein
received his J.D. degree from Boston University School of Law in 1970, having
received his B.A. from the
Mr. Finkelstein�s professional affiliations include: the
International Trademark Association (former President, Treasurer, Board of
Directors Committee Chair); the ABA Forum on Franchising Governing
Committee; the ABA Intellectual Property Law Section Committee Chair; IFA
Legal/Legislative Committee; and the American Intellectual Property Law
Association.
Mr. Finkelstein created the CPK/INTA
Alternative Dispute Resolution Program for the mediation of trademark disputes
and authored the supporting book; he co-founded and co-led the Trademark Review
Commission; has been a delegate to various international conferences; has
authored and edited many publications on franchising and intellectual property;
and has been a frequent lecturer at various law schools and at INTA, ABA, IFA,
AIPLA and other educational programs.
DLA Piper
Rudnick Gray Cary
DLA Piper Rudnick Gray Cary
has been a national and international leader in franchise and distribution law
since modern franchising began, and has been named the number one firm in the world
in the area of franchise law by the respected international survey edition of
The International Who�s Who of Franchise Lawyers. Fifteen of the group�s lawyers were also singled out for recognition,
more than double the number from any other firm.
We currently represent several
hundred franchisors and other enterprises that distribute products and services.
Our practice is national and international in scope and we have represented
clients in more than 100 countries. Over the past 40 years, members of the
Franchise and Distribution group have assisted in the structuring and
development of more than 1000 franchising programs. Though the majority of
these franchising programs involved franchise relationships in such familiar
consumer industries as foodservice, lodging, automotive aftermarket and
business and consumer services, we have assisted many companies develop
domestic and international franchising programs in nontraditional business
categories or with nontraditional structures.
Our Franchise and Distribution
lawyers, working with state franchise law administrators, were the principal
authors of the Uniform Franchise Offering Circular ("UFOC")
Guidelines, developed during the 1970s (and periodically updated, with our
assistance) to bring greater uniformity to the registration and disclosure of
franchise offerings. Piper Rudnick is general counsel to the International
Franchise Association and the International Franchise Association Educational
Foundation.
Compliance, Relationship and
Transactional Matters
We provide a number of franchise or
distribution-related services:
- structuring
and documenting franchise and distribution relationships;
- advising
companies with respect to structuring distribution relationships that
avoid regulation under state and federal franchise disclosure and business
opportunity laws;
- preparing
disclosure documents, state registrations of franchise offers and
counseling on compliance with all elements of disclosure regulation and
franchisee recruitment;
- counseling
on franchise and dealership terminations and transfers and compliance with
federal and state franchise and dealer relationship regulation;
- advising
clients with respect to the impact of developments in technology and
communication on their franchise and distribution relationships;
- structuring
advertising funds;
- developing
supply programs for franchisees, including establishing buying
cooperatives owned by franchisees;
- counseling
with respect to complex antitrust issues that may affect the structure of
a franchise or distribution network and a company's services and sources
of revenue;
- assisting
franchisors to develop internal dispute resolution programs;
- assisting
companies to devise and develop new distribution channels and techniques;
- developing
strategies and programs to minimize and resolve network expansion
conflicts;
- counseling
franchising companies on potential merger and acquisition opportunities.
Dispute Resolution
Lawyers in the Franchise and
Distribution group assist franchisors and other clients in dispute resolution
-- whether with franchisees, suppliers to the network, competitors or state and
federal government agencies. Ideally, we help clients avoid disputes, by
recommending business solutions to defuse problems that might otherwise explode
into costly and protracted litigation; but litigation sometimes cannot be
avoided. We represent our clients in all forums throughout the United States
and have represented franchise and other distribution companies in hundreds of
federal and state court and arbitration proceedings -- from New York to Japan -
with respect to such diverse issues as breach of contract, fraud, RICO,
trademark and copyright infringement, termination, vicarious liability, network
expansion conflict, use of alternative distribution channels, implied covenant
of good faith and fair dealing claims, transfer issues, discrimination claims,
enforcement of system standards, antitrust, franchise registration and
disclosure compliance, restrictive covenants, electronic commerce, consumer
fraud, product liability and securities fraud.
International Franchising and
Distribution
We've been part of the global market
for more than 30 years. In helping
Rounding Out Our Support
While compliance with applicable
franchise and business opportunity laws is often foremost among a franchisor's
concerns, a myriad of other laws will affect the development and implementation
of franchise and distribution networks. Firm lawyers bring substantial
experience in counseling clients in important areas of the law beyond
franchising, distribution, antitrust and intellectual property that affect both
domestic and international companies: e.g., bankruptcy, commercial, contract,
corporate, employment, environmental, finance, labor, insurance, intellectual
property, information technology, electronic commerce, mergers and
acquisitions, partnership, real estate, securities, tax and others. In each of
these areas, we can draw as necessary on the experience of other practice
groups within the firm.
For more information about the firm
and our practice, visit our Web site at www.dlapiper.com/franchise
Don M. Drysdale, Attorney at Law
3501 Jamboree Road, Suite 6000
Newport Beach, CA 92660-2960
949-856-3205
Fax 949-856-3245
email: dmd@donmdrysdale.com
Don M. Drysdale is a franchise attorney whose practice emphasizes
national and international franchise documentation and regulatory compliance,
and related business transactions. Previously, he was Vice President and
General Counsel of Coldwell Banker Residential Affiliates, Inc., where he
established and supervised the legal department as it grew to more than 1,000
franchisees. He a member of the ABA Forum on Franchising, the IFA
Legal/Legislative Committee and California Franchise Law Committee (past
Chair). He is a past member of the Franchise Development Task Force to the
President Pro Tempore of the California Senate, past Co-chair of the IFA
Franchise Business Network and past Chair of the Business Law Committee of the
Asia-Pacific Lawyers Association.
Mr. Drysdale graduated from the
Mr. Drysdale is Executive Vice President, co-founder and co-owner of Super
Clean Yacht Service Franchising, Inc. (a franchisor of marine vessel cleaning
businesses). He is a former "Hurricane Hunter" with the U.S. Navy
(now retired) with the rank of Commander.
Franchise Law Team
30021 Tomas, Suite 260
Rancho Santa Margarita, CA 92688
Telephone: 949-459-7474
Toll Free: 888-276-2976
Fax: 949-459-7772
Email: rdglenn@franchiselawteam.com
www.franchiselawteam.com
Robin Day Glenn specializes in franchising, licensing, and
distribution law. Although she primarily represents franchisors, she also
reviews franchises for prospective franchisees and consults to litigators in
franchise disputes. She is an arbitrator for the American Arbitration
Association and for Franchise Arbitration and Mediation, Inc. Since 1987, she
has been of counsel to Ladas & Parry, a patent, trademark and copyright law
firm with offices in
Ms. Glenn earned her B.A. degree at
Ms. Glenn's publications include a number of articles for the Franchise Law
Journal, ABA Forum on Franchising program materials, California Business Law
Reporter and California Business Law Practitioner. She wrote the
"Franchises" chapter of Bancroft Whitney's California Transaction
Forms. She authored the
Ms. Glenn is Vice Chair of the Executive Committee of the California State
Bar's Business Law Section. She currently serves on CEB's Business Law Advisory
Committee. From 1989 to 1991 and 1997 to 2000, she was an appointive member of
the Franchise Law Committee of the State Bar of California and chaired the
committee from 1999 to 2000. She has been a member of the ABA Forum on
Franchising since 1984 and serves on its Publications Committee. She has also
been a member of the franchise law committee of the International Bar
Association since 1984. From 1987 to 1990, she was a member of the Executive
Committee of the California State Bar's International Law Section. Ms. Glenn
hosted the IFA's meetings in
Jenkens & Gilchrist
AUSTIN CHICAGO
Jonathan Solish, shareholder and co-chair of the firms Franchise
& Distribution Law practice group, represents franchisors in commercial
disputes, with a particular emphasis on class actions and system-wide disputes.
He has spoken to legal and business audiences at more than twenty national
conventions. He has served as Associate Editor and Editor-in-Chief of the
Franchise Law Journal and served on the steering committee of the ABA Forum
Committee on Franchising Litigation and Alternative Dispute Resolution. He has
handled franchise disputes in more than 30 states and has more than 25
favorable reported decisions on behalf of franchisors.
jsolish@jenkens.com
Kenneth Costello, shareholder and co-chair of the firms Franchise
& Distribution Law practice group, has a national practice and over 27
years experience in
kcostello@jenkens.com
Joel Siegel, shareholder, handles commercial litigation in federal
and state courts as well as through alternative conflict resolution techniques
including the franchise, petroleum and hospitality industries. He also counsels
clients in various franchise matters including the formation of franchise
systems, mergers and acquisitions, public offerings, debt financings, and
franchise regulation compliance. Mr. Siegel has successfully represented private
and publicly held companies in numerous trademark, shareholder derivative,
competition, antitrust, fraud, advertising, termination, encroachment and
standards enforcement cases across the country. He has served as Chair of the
State Bar of California, Franchise Law Committee, Business Law Section and has
authored several published matters on franchise law. Mr. Siegel is a member of
the ABA Forum on Franchising;; and IFA Council of Franchise Suppliers.
jsiegel@jenkens.com
Glenn Plattner, shareholder, handles franchise and related commercial
litigation, including assisting franchisors in termination proceedings,
enforcement of contractual terms, such as covenants not to compete and
protection of trademarks and trade secrets. He has tried cases in both State
and Federal Court, as well as numerous appeals, arbitrations and mediations. He
has a number of opinions on his cases published by the Ninth Circuit, the
California Court of Appeals and the Business Franchise Guide. He is a member of
the American Bar Association, Los Angeles County Bar Association, and State Bar
of California Franchise Law Committee (co-chair, 2001-2004).
gplattner@jenkens.com
Keith Klein, shareholder, focuses his practice on litigation
primarily in the areas of franchise and distribution law, trademark, copyright,
trade secrets, and real estate. Mr. Kleins franchise expertise includes
litigating issues regarding the applicability of the California Franchise
Investment Law to international franchise sales, the enforcement of quality
assurance procedures, and the enforcement of franchise development obligations.
Mr. Klein also provides services regarding Internet intellectual property
licensing and e-commerce. He is a member of the American Bar Associations
Forum on Franchising, the California State Bar Association and Los Angeles
County Bar Association.
kklein@jenkens.com
Anthony Marks, shareholder, focuses his practice on counseling
clients in a broad range of franchise and corporate transactional matters. He
counsels clients on domestic and international franchising, mergers and
acquisitions, financing, Internet related intellectual property licenses and
e-commerce, and routine corporate transactional matters.. Mr. Marks is a member
of California State Bars Franchise Law Committee, American Bar Association's
Forum on Franchising, and Los Angeles County Bar Association.
amarks@jenkens.com
Brian H. Cole, counsel, focuses his practice on franchise and
distribution law. He has over 20 years experience in representing franchisors
in transactional and regulatory matters including acquisitions and
divestitures, negotiation of franchise agreements, franchise registration,
operational advice, and real estate development. He is Vice-Chair of the
California State Bars Franchise Law Committee and a member of the American Bar
Associations Forum on Franchising.
bcole@jenkens.com
Natasha A. Bellroth, associate, focuses her practice on commercial
litigation and franchise and distribution law. Ms. Bellroth is a member of the
California State Bar Association.
nbellroth@jenkens.com
Andrew Chereck, associate, focuses his practice on franchise and
distribution law. Mr. Chereck is a member of the California State Bar
Association and Los Angeles County Bar Association.
achereck@jenkens.com
Ryan Fischbach, associate, focuses his practice on commercial
litigation and franchise & distribution law. He has experience in a
wide-array of franchise and commercial disputes, including recently assisting
an aircraft distributor in obtaining a multimilliondollar arbitration award. He
has represented franchisors in a variety of actions, from breach of contract to
enforcement of non-competition provisions. He is a member of Los Angeles County
Bar Association and the American Bar Association Forum on Franchising.
rfischbach@jenkens.com
Benazeer Roshan, associate, focuses her practice primarily on
commercial litigation and franchise and distribution law. She is a member of
Womens Franchise Network of Southern California, Los Angeles County Bar
Association and Beverly Hills Bar Association.
broshan@jenkens.com
Christopher M. Brown, shareholder, handles general commercial
litigation for small business and major corporate clients. He specializes in
real estate disputes and litigation involving distribution of products and
services. He represents a variety of franchisor clients in disputes with their
franchisees. This experience, coupled with his knowledge of real estate matters
makes him uniquely qualified to counsel franchisor clients on the various lease
hold issues so often included in the transfer or termination of a franchise
relationship. He is a member of the Texas Bar Foundation, Houston Bar Association,
Texas Association of Defense Counsel, and ABA Forum on Franchising.
cbrown@jenkens.com
Clay Steely, shareholder, specializes in commercial and real property
litigation. He has represented franchisors in cases involving vicarious
liability, forcible entry and detainer, breach of contract, deceptive trade
practices, misrepresentation and fraud issues surrounding Uniform Franchise
Offerings Circulars, and franchise agreements. He is a contributing author to
SMU Law Review - Franchise Law Update, member of the Texas Association of
Defense Counsel, American Bar Association and Texas Bar Foundation.
csteely@jenkens.com
Tina Sharma, shareholder, practices in immigration law with particular
emphasis on business immigration for the technology industry. She also advises
clients on immigration issues related to franchises. She was formerly lead
in-house immigration counsel for a major technology company of over 9,000 employees.
Her experience includes immigration consequences of major corporate
reorganizations, mergers, layoffs and name changes; public access and I-9
program improvement; consular processing; H-1s; L-1s; political asylum; defense
of removal; international adoptions; and family-based immigration cases. She is
a member of the American Immigration Lawyers Association, American Bar
Association, Maryland State Bar Association, New York State Bar Association,
The Association of American Lawyers from the Indian Subcontinent and The
Network of Indian Professionals.
tsharma@jenkens.com
Mohajerian
Law Corp.
EXPERIENCED. EFFICIENT. DEDICATED
1925
310.556.3800 | WWW.MOHAJERIANLAW.COM
| LAWYERS@MOHAJERIAN.COM
Mohajerian Law Corp. is a
full-service law firm with a national practice dedicated almost to franchise,
distribution, and licensing matters. Our clients include: franchisors,
franchisees, multi-unit franchisees, potential franchisees, franchise industry
suppliers, and first time franchisors. We proudly serve franchise clients
nationwide.
Franchise Law Team Services
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We have experience in counseling
both franchisors and franchisees in all phases of the franchise operation and
business relationship. We negotiate and resolve disputes between franchisors
and franchisees, and, when the need arises, represent our clients in litigation
and mediation to protect their interests. We represent businesses that offer
goods and services through franchising and other distribution methods. Our
client base is broad and diverse and includes franchisors and franchisees. We
bring practical, solution-oriented legal advice and business counsel to bear on
clients' problems.
We represent businesses who are
commencing a franchise program, restructuring an existing program or expanding
their systems. We advise our clients on how to best structure and document
their relationships and on the applicable laws that govern the franchise
relationship. We advise clients on all matters related to franchise
registration and disclosure. We offer franchise clients extensive franchise
finance services. We have extensive experience representing our clients in
negotiating and documenting financing and loan transactions. We represent
multi-unit franchise operators in connection with all aspects associated with
the acquisition and financing of multi-property systems. We have developed
close working relationships with numerous franchise lenders and stand ready to
assist large and small franchise systems develop, document, and implement
finance programs which can enable the clients franchise business to grow.
We have extensive experience in
litigating issues associated with franchise and distribution relationships. We
also have experience in alternative forms of dispute resolution including
mediation and arbitration. We work closely with our clients in advising them
how to avoid the pitfalls involved in relationship issues. We routinely handle
matters arising from the statutes that protect franchisees and dealers in
general, as well as franchisees in specific industries. We have extensive
experience in commercial leasing. We assist our clients on development
transactions, sale lease back transactions, real estate disposition and other
asset management strategies. Al Mohajerian counsels corporate clients and
litigates civil and business matters. He has broad experience involving matters
such as complex business litigation, franchise and distribution, intellectual
property, trademark, copyright, trade dress and trade secret infringement,
toxic tort, financial services, insurance coverage, labor and employment,
product liability, real estate, entertainment, unfair competition and related
business torts. He has represented clients in state and federal courts over
complex commercial matters including Lanham Act violations, franchise
terminations, contract, encroachment and antitrust liability. He has been
recognized by Franchise Times as one of the top 100 legal eagles in 2004.
Joy Berus
is of counsel to Mohajerian Law Corp. She received her B.S. degree from the
Jack Carr
is of counsel to Mohajerian Law Corp. Mr. Carr is a magna cum laude graduate of
Pepperdine School of Law and he counsels both corporate and individual clients
in obtaining and enforcing their intellectual property rights. He has broad
experience involving all matters of intellectual property including patent,
trademark, copyright, trade dress and trade secret infringement litigation;
patent and trademark prosecution; copyright registration; intellectual property
licensing; corporate due diligence in the transfer or acquisition of
intellectual property rights; unfair competition and related business torts.
Harry Barth
is of counsel to Mohajerian Law Corp. He is a member of the State Bar of
California, Orange County Bar Association and American Bar Association (ABA).
Mr. Barth specializes in Estate Planning; Business Law; Commercial Law;
Contracts; Mergers, Acquisitions and Divestitures; Business Transactions;
Business Organization; Business Formation; Business Planning; Limited Liability
Company Law; Partnership Law; Shareholder Rights; Elder Law; Guardianship and
Conservatorship; Trust Law; Wills; International Law; Foreign Investment;
Probate Administration; Estate Administration; Real Estate; Landlord and Tenant
Law and Asset Protection.
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Nixon Peabody
WEST PALM BEACH
4400 PGA Boulevard, Suite 900
Palm Beach Gardens, FL 33410
(561) 626-3011
Fax: (561) 626-5076
Nixon Peabody's
Franchise and Distribution Team provides specialized franchise representation
in all aspects of franchise and distribution arrangements and transactions:
franchise system expansion in the United States and internationally; franchise
counseling; franchise dispute resolution; and intellectual property matters.
Nixon Peabody is a full service law firm with over 600 attorneys located in 16
offices throughout the United States.
Attorneys
Jay H. Begler,
Counsel, Technology & Intellectual Property, Beverage Alcohol, Franchise
& DistributionSan Francisco 415- 984-8287
Rene F. Bergmann,
Associate, Franchise & Distribution, Business LitigationPhiladelphia
215-246-3524
Robert B. Calihan,
Partner, Deputy Practice Group Leader, Business Litigation, Technology &
Intellectual Property, Franchise & DistributionRochester 585-263-1475
Emily S. Chang,
Associate, Technology & Intellectual Property, Business, Franchise &
DistributionSan Francisco 415-984-8285
Peter H. Durant,
Partner, Franchise & Distribution, Government Contracts, Technology &
Intellectual Property, Israeli Business Rochester 585-263-1227
Amy R. George,
Associate, Business Litigation, Franchise & Distribution, Government
Investigations & White Collar DefenseBoston 617-345-1143
Shannon Haaf,
Associate, Business, Franchise & Distribution, Technology &
Intellectual PropertyWashington 202-585-8356
Jamie N. Hage,
Partner, Franchise & Distribution, Technology & Intellectual
PropertyManchester 603-628-4074
Andrew P. Loewinger,
Partner, Business Franchise & Distribution, Technology & Intellectual
PropertyWashington 202-585-8855
Carolyn G. Nussbaum,
Partner, Business Litigation, Corporate Governance, Financial Services &
Securities Litigation, Franchise & Distribution SecuritiesRochester
585-263-1558
Arthur L. Pressman,
Partner, Franchise & Distribution, Technology & Intellectual
PropertyBoston 617-345-1158
Roger M. Quinland,
Counsel, Business, Franchise & Distribution New York 212-940-3067
Gregg A. Rubenstein,
Associate, Business Litigation, Franchise & DistributionBoston
617-345-6184
Frank W. Ryan,
Partner, Franchise & Distribution, Technology & Intellectual
PropertyNew York 212-940-3129
Craig R. Tractenberg,
Partner, Bankruptcy, Beverage Alcohol, Franchise & Distribution, Technology
& Intellectual Property, Israeli BusinessPhiladelphia 215-246-3525
Kendal H. Tyre,
Partner, Business, Franchise & Distribution, Mergers &
AcquisitionsWashington 202-585-8368
Raymond Van Dyke,
Partner, Technology & Intellectual Property, Technology & Intellectual
Property Litigation, Franchise & Distribution InternationalWashington
202-585-8250
Christopher J. Wallace,
Associate, Franchise & Distribution, Business LitigationWashington
202-585-8166
Glenn E. Westreich,
Partner, Business Litigation, Franchise & Distribution, Technology &
Intellectual Property, Israeli Business San Francisco 415-984-8331
Andrew P. Zappia,
Partner, Franchise & Distribution, Business LitigationRochester
585-263-1214
Perkins Coie
LLP
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Los Angeles Office |
Perkins Coie LLP
is a full-service international law firm with over 500 lawyers. Founded in 1912
in Seattle, Washington, Perkins Coie has 14 offices, concentrated in the
western United States and Pacific Rim.
The firm's franchise lawyers provide a full range of legal services for both
developing and established franchisors, including the structuring of a
franchise program and the preparation of franchise agreements, offering
circulars and other documents necessary to comply with state and federal
registration and disclosure laws. The firm has extensive experience in
counseling mature franchisors in matters of franchisor-franchisee relations,
international expansion, restructuring the franchise system or programs within
the system, handling transfers, terminations and renewals and in structuring
multiple unit, subfranchisor, supplier, joint venture, dealership and
alternative license relationships. The litigators in the Franchise Practice
Group handle franchise litigation, franchise dispute resolution, arbitration
and intellectual property cases.
Kim I. McCullough (kmccullough@perkinscoie.com)
is the partner in charge of the firm's franchise practice. Since graduating
from the University of Colorado School of Law in 1981, she has devoted
substantially all of her practice to representing franchisors. Ms. McCullough
is a member of the ABA Forum Committee on Franchising, has written articles on
franchising for state and national publications and has been a speaker at
International Franchise Association Legal Symposiums and Annual Conventions and
ABA Forum meetings. She has also served as General Counsel to a national
franchisor. Ms. McCullough is a Phi Beta Kappa graduate from the University of
Oregon.
Jeffrey J. Cowman, (jcowman@
perkinscoie.com) a partner in the firm, specializes
in a general trial and arbitration practice with particular emphasis in
commercial and franchise litigation. He received his undergraduate degree in
finance, summa cum laude from Moorhead State University in Minnesota in 1978
and his law degree from the University of Colorado in 1981. He is admitted to
all state and federal courts in the State of Colorado. Mr. Cowman is a member
of the Defense Research Institute and is the former president of the Colorado
Defense Lawyers Association.
Donald Salcito (dsalcito@perkinscoie.com),
a partner in the firm, specializes in securities law, corporate transactions
and mergers and acquisitions. He has represented franchise clients in corporate
transactions and financings. Mr. Salcito is a 1975 Phi Beta Kappa graduate of
the University of Connecticut and a 1979 graduate of the University of Arizona
School of Law.
Judith B. Gitterman (jgitterman@perkinscoie.com),
of counsel in the Los Angeles office, practices in the areas of business and
franchise litigation and appellate law. She received a B.A. magna cum laude,
from the University of Pennsylvania in 1978 and her law degree from the Cornell
Law School in 1984. Ms. Gitterman has authored numerous articles on franchise
related topics in state and national publications, has been a presenter at the
ABA Forum on Franchising and the Annual Legal Symposium of the International
Franchise Association and is a member of the ABA Forum Committee on
Franchising.
Lynne M. Hanson (lhanson@perkinscoie.com),
of counsel, specializes in writing franchise disclosure documents,
franchise-related agreements, and in registering franchisors to sell
franchises, both domestically and internationally. She also practices in the
areas of corporate and trademark law. She received her undergraduate degree
from Carleton College in 1981 and her law degree from the University of
Colorado in 1988. Ms. Hanson is a member of the ABA Forum Committee on
Franchising.
Garrett M. Tuttle (gtuttle@perkinscoie.com),
of counsel, practices in the areas of franchise, trademark and intellectual
property law, with a focus on transactional matters including: drafting of
franchise disclosure documents, franchise agreements and related documents;
filing and maintaining state franchise registrations; and obtaining and
maintaining state, federal and international trademark rights. He is a Member
of the ABA Forum on Franchising and Intellectual Property Law Section.
James D. DeRoche (jderoche@perkinscoie.com),
of counsel in the Los Angeles office, specializes in franchise litigation
including trademark, antitrust, provisional remedies, unfair competition,
franchise law, mediation, arbitration and trials. He practices in both federal
and state courts. He received his undergraduate degree from Santa Clara
University in 1971 and his law degree from the University of the Pacific,
McGeorge School of Law in 1975. He is a member of the State Bar of California and
the Los Angeles County Bar Association.
Sonnenschein
Nath & Rosenthal LLP
In Los Angeles:
Rochelle Spandorf, 213.892.5036
rspandorf@sonnenschein.com
Sonnenschein's Antitrust,
Marketing Practices and Franchising/Distribution Practice Group is a core
component of the firm. Well-recognized for its ability to combine legal
knowledge and customized solutions with a detailed, practical understanding of
the businesses with which it deals, this practice is involved in all aspects of
franchising, distribution and licensing, both domestically and internationally.
Long standing relationships with major franchising and distribution companies,
manufacturers and suppliers, such as food servicesincluding McDonald'shotels
and lodging, real estate brokerage offices, windows, pharmacies, water
treatment and retail sales, all provide Sonnenschein attorneys with a broad
perspective of franchise and distribution operations.
Our lawyers bring winning legal
strategies based on more than 30 years of experience as leaders in counseling
clients on franchising and distribution matters, whether statutory or common
law. Our franchise clients often rely on us for every aspect of their business:
everything from corporate transactions to franchise regulatory services,
dispute resolution to licensing, intellectual property and e-commerce.
Alan Silberman
(Chicago), a former Chair of the Section of Antitrust Law of the American Bar
Association, chairs our Antitrust, Marketing Practices and
Franchising/Distribution Practice Group. National section chairs are Robert
Joseph (Antitrust), Robert King, Jr. (Franchising/Distribution),
and Christopher "Kit" Smith (Marketing Practices). Mr.
Joseph (Chicago) is immediate past Chair of the ABA Antitrust Section. Mr.
King (Chicago) is a widely respected commercial litigator with more
than 25 years of trial and appellate experience in state and federal courts
nationwide; he concentrates in franchise, antitrust and intellectual property
litigation, as well as class action defense work. Rochelle Spandorf
(Los Angeles), a former Chair of the ABA Forum on Franchising, was in 2005
named a Southern California "Super Lawyer" in the field of Franchise
& Dealership in a peer survey conducted by Law & Politics Media, Inc.;
she has twice chaired The State Bar of California Franchise Law Committee.
John Baer
(Chicago) serves on the Governing Committee of the ABA Forum on Franchising and
holds the position of Publications Officer; he is Chair of the Illinois
Attorney General's Franchise Advisory Board, Editor of the CCH Sales
Representative Law Guide, and serves on the Editorial Advisory Board of the
International Journal of Franchising Law.
Messrs. Silberman, Joseph and Baer,
Ms. Spandorf, and Stephen Rovak
(St. Louis) have been selected for inclusion in An International Who's Who of
Business Lawyers, Franchise (2004-2005). Other lawyers, including James
Goniea (San Francisco), John Koski (Chicago), Reid
Ashinoff (New York), Curtis Woods and Ed Marquette
(Kansas City), are nationally and internationally recognized authorities in
these areas as well. Many of our lawyers are prominently involved in activities
of the ABA Forum on Franchising, the ABA Antitrust Section, the International
Franchise Association, the International Bar Association and other
organizations.
Sonnenschein attorneys regularly
advise, prepare documents, negotiate and litigate on behalf of clients in all
fundamental areas in this field.
We can:
- Develop
concepts and plans for new distribution and franchising arrangements,
modify existing franchise systems, and structure new franchise programs;
- Develop
and negotiate transactions that implement distribution and franchising
arrangements on a national and international basis;
- Represent
clients in litigation, arbitration and mediation involving franchise,
distribution and licensing disputes;
- Prepare
Offering Circulars for franchisors and register them in the 14 states
requiring some type of registration or filing;
- Prepare
domestic and international agency, sales representative and licensing
agreements;
- Provide
counseling regarding a franchisor's or manufacturer's reserved
distribution rights and various types of geographic and market-based
encroachment issues;
- Assist
with acquisition or sale of franchising companies, and their integration
into existing franchise or distribution operations;
- Assist
clients with B2B and other electronic commerce issues involving
franchising and distribution;
- Structure
documents and procedures to comply with federal and state law and
regulations;
- Develop
operational standards and manuals, and enforcement of operational
standards, procedures and customer relations practices;
- Navigate
clients through inspection and audit rights and reporting
responsibilities;
- Recommend
pricing strategies, review pricing practices, sales and promotion
programs, and advertising practices;
- Assist
with trademark and copyright issues;
- Handle
bankruptcy and reorganization of distributors or franchises;
- Represent
distributor or franchisee associations; and
- Resolve
default and termination issues.