2020’s Top Franchise Legal Players
A roundup of the franchise world’s most sought-after legal pros.
All month, we’ve been profiling some of the most experienced, creative and highly regarded franchise attorneys in the business. Each of them boasts a unique set of skills, passions and experiences to draw from. If your franchise is in need of legal counsel, start your search here.
Elizabeth Sigety of Fox Rothschild LLP
“An emerging franchisor should know that there are many legal considerations outside of franchise regulation that have to be considered — don’t get too narrow in your focus. And I think an emphasis on protecting the brand and what that involves from a legal point of view is important to understand.”
Jonathan Barber, Esq. of Franchise.Law
“I love working with franchisors because they are talented entrepreneurs with a mission to better the lives of others through business ownership. I can get on board with that. Franchise law is such a niche practice, so we really get the opportunity to master one area of law.”
Ambika Sapra of Sapra & Navarra, LLP
“Do not wait for fantasy legislation to save you. Legislative changes are political, as well as fickle. If you depend on outside circumstances, you are captive to them. So stand on a solid litigation strategy that can withstand adverse changes in the political or legal climate. Otherwise, with every new legislative change, you will be like a fluttering sail with no defined course, bound to reach troubled waters. Remember, the wind and waves are always on the side of the ablest navigator.”
Andrew Bleiman of Marks & Klein LLP
“Franchisees should understand that the franchisor’s obligations under the franchise agreements are generally very limited. Franchisees need to understand that they must take the reins of their own businesses and work hard to achieve success. You can have the best brand in the world and do poorly, or have a below-average brand and do well, but that success — or lack thereof — is often determined by the work ethic, diligence and commitment of the franchisee. “
Andrae J. Marrocco of McMillan LLP
“I was immediately drawn to the multi-faceted nature of the franchisee-franchisor relationship. The way franchising incentivizes all involved and spreads the risks and rewards between so many business owners is remarkable. As a lawyer, assisting franchisors in getting that complex structure right is rewarding.”
Nancy Lanard of Lanard and Associates
“I think franchise law is an underserved area of law in the United States. I used to represent emerging franchisors as well as individuals looking to invest in a franchise opportunity. I made a conscious decision to change the focus of our firm to solely representing individuals investing in a franchise, franchise resales and commercial leases for franchisees. I love working with individuals who are excited by franchise opportunities and being able to help them make their dreams a reality.”
“Every franchisor should be cognizant of the fact that just because you have a
legal right to do something, that doesn’t mean it makes business sense to do it. That can often be a difficult conversation to have with clients. I try to help clients understand how all of their decisions impact not only the specific franchise relationship in front of them but also their overall system going forward, including things that may trigger a franchise disclosure obligation in the future.”
David Paris of Paris Ackerman LLP
“In my world of franchise transactions, the unemployment rate and unknown future of the minimum wage are among the most prevalent topics. While a low unemployment rate is generally considered a positive economic metric, as it affects business owners, the pool from which to hire qualified employees becomes much more shallow. As for the minimum wage, most operators who own businesses in industries which rely on minimum wage employees have deep concerns about how any mandated wage increases will impact their bottom line.”
Carl Zwisler of Lathrop GPM LLP
“Although we strive to simplify applicable laws for our clients, to practice franchise law at a high level, a lawyer must develop a command of federal and various state franchise sales laws, state franchise relationship laws, contract law, intellectual property law, privacy and data protection law, labor law and antitrust laws, as well as understand the factors that drive success in each of our franchisor clients’ businesses. Understanding how these issues can and should be addressed when clients are involved in international transactions and disputes is even more challenging and fulfilling.”
Jason M. Murray, Partner at K&L Gates LLP
“Franchising has become prolific, and we see it everywhere as we walk to lunch, shop the malls, workout in the gym and go about our daily lives. The diversity of the people and businesses involved in franchising have yielded a wonderfully diverse and dynamic practice that keeps me excited. Overall, I love serving as a key business advisor and problem-solver that assists clients in achieving their business goals.”
Charles Modell of Larkin Hoffman
“There is no single attribute of a great franchise attorney, but there are two key places to start. First, a great franchise attorney needs to have an interest in and aptitude for business, and particularly how businesses operate, how they expand, and how they fail, as most franchise clients need the benefit of this experience. A great franchise attorney also needs to be available to his or her clients, and responsive, because when problems arise in a business, they often cannot wait even hours, let alone days, to be addressed.“
David Almeida of Benesch, Friedlander, Coplan & Aronoff LLP
“Make sure your legal partner has the right mix of substantive skills and also understands your business model, your industry and your goals. Look beyond rote franchise law experience—franchise relationships are complex and multi-faceted. Seek out a partner who understands your business needs from a holistic perspective and who knows what unique issues are most likely to arise in your industry.”
Harold Kestenbaum of Spadea & Lignana
“Franchising is a heavily regulated method of conducting business. You need a smart lawyer who knows franchising inside and out. You can’t just hire a lawyer with a different specialization and trust that they will figure it out. I’ve seen too many businesses try to cut corners and save a little money on legal fees by hiring non-franchise lawyers to sort out their franchise legal work, and it never goes well.”
Mike Drumm of Drumm Law, LLC and BeerAttorney.com
“You succeed when your franchisees succeed. Work with them, look for red flags, and try to find the iceberg before the ship hits it. The best way to avoid litigation is not always within the terms of your franchise agreement. Keep in mind that successful franchisees are less likely to sue franchisors than unsuccessful franchisees.”
Matthew J. Kreutzer of Howard & Howard
“I enjoy franchise law because it encompasses a variety of interesting and important legal issues, and my days are rarely the same. I love seeing my clients succeed — either through growth or success in operations.”
Charles Internicola of Internicola Law* Firm
“With the right systems and a truly team-oriented approach with your legal team, a franchisor can mitigate the frustrations that come with franchise regulations, registrations, sales compliance and all the other headaches associated with the business. The right legal planning can help franchisors avoid lost franchise sales from delayed registrations, fee deferrals and other regulatory roadblocks.”
Alexander G. Tuneski of DLA Piper Global Law Firm
“There are few things more important than building a solid foundation as you develop your franchise system. This means developing and using top-notch disclosure documents, agreements, manuals and processes from day one.”
Craig Tractenberg, Partner, Fox Rothschild LLP
“Do not substitute the words on the page of a franchise agreement for the reality of the franchise relationship. Franchisees must assume that good faith and fair dealing will be a litmus test for the propriety of any conduct, even if the law does not require it. Franchisors should be sure they can articulate a good, brand-oriented reason for corporate action, even if it is solely within their own discretion. Overly opportunistic conduct on the franchisor’s part will ultimately be punished by the courts or by the marketplace.”
Amy Cheng, Partner at Cheng Cohen LLC
“Franchise law really allows you to partner with your clients and help them grow their business. We are business advisors as well as lawyers, and it presents the opportunity to learn about so many different industries.”
Brian Lincer of Internicola Law Firm
“I think the biggest issue for many struggling franchisees is that their expectations of the franchisor's responsibilities are off base. Many franchisees who do not fare well rely on the franchisor too heavily, and they do not do what it takes to develop their businesses on their own.
Franchisees have to go into the relationship with the expectation that once training is complete, they will be on their own to drive the business. I would tell a franchisee to assume that the franchisor will not provide any assistance once training is done and that it will be up to them to make their business successful. Most franchisors will provide guidance, and when the franchise relationship works, it is in the franchisor's best interest to make sure that their franchisees are successful.”
“I have always been interested in helping businesses grow, and the franchise model is a great tool for the right type of business to achieve its goals. I enjoy the great success stories that come with the franchise model and its ability to make successful business concepts available to everyone, everywhere — and make all of our lives better.”
Marlén Cortez Morris of Barnes & Thornburg LLP
“Franchising offers opportunities, but, as with all opportunities, there is risk. Every prospective franchisee should carefully evaluate what type of franchise would be a good fit based on not only the concept, but also his or her risk tolerance and willingness to follow the franchisor’s requirements on various aspects of business operations. Every prospective franchisee should do his or her due diligence and seek guidance from experienced franchise counsel and other business professionals who can help gauge the benefits and risks of the franchise and enable the franchisee to make an informed decision.”
Evan Goldman of A.Y. Strauss LLC
“One thing that I see in the franchise space, and in the food industry in particular, is people searching for the “next thing.” Sometimes that means that the current thing isn’t the right one and changes are going to need to be made. One concept I hear a lot about is Ghost Kitchens, which, I think are going to be a risky, but interesting, proposition for franchisees. Just as the way people receive and eat their food is changing, a lot of other concepts are going to need modernization to meet today’s consumer’s needs. One issue is going to be who fronts that bill. Most franchisors require the franchisees to carry that burden, but Jersey Mike’s recently announced it is investing $150M into its franchisees’ stores, which I think can start an interesting trend of bringing the franchise system, and its franchisees, into the current design scheme, with the ultimate goal of increasing overall sales, which should help the franchisor and franchisee alike.”
Lee Plave of Partner at Plave Koch PLC
“I have always loved the creativity, dynamism, and energy that franchising professionals bring to running their companies and helping franchisees do their best to serve their businesses’ customers. If that enthusiasm doesn’t rub off on you and give you the motivation to get into the office and work on their matters, then you should probably check your pulse.”
“The practice of law has evolved since I started practicing — clients should be embraced, not held at arm’s length, and it’s rare that a legal issue is decided in a vacuum. Franchise attorneys must understand both the business risks that flow from legal decisions and the legal risks that flow from business decisions, and they must be prepared to partner with their clients as they make both kinds of decisions.”
Cheryl Mullin of Mullin Rybicki Klopack, P.C.
“Be selective in awarding franchises. Selecting the wrong operators, especially early on, is the most expensive and damaging mistake you can make.”
“I think the best franchise attorneys are those that have a real appreciation for and genuinely care about the industry. When a lawyer is passionate about the subject matter I think it makes them a better resource for the client. We at MK have a passion not only for representing our clients' best interests but also in the overall success of franchising as an industry and that separates us from others that may practice in the same area.”
Andrew Beilfuss of Quarles & Brady
“I think virtually every brand would be well-advised to focus on the franchisor/franchisee relationship. So many issues that we see could be avoided with improved communication and an early discussion and understanding of the roles that each party plays in the franchise relationship. Once that understanding is established, brands generally get much better buy into business advancement objectives, have fewer issues, and advance their development initiatives, as happy franchisees are powerful validators. We believe this issue is so important that we provide free training to our franchisor clients at the onset of every new relationship to go over their current practices and suggest process improvements, where needed.”
Brian Schnell of Faegre Drinker
“Franchising is all about the people, the relationships and the opportunity to make a difference today and every day in businesses that impact our daily lives and everything we do.”
“A great franchise attorney is simply a great human being who happens to have developed outstanding legal skills. Great person first, outstanding legal skills second. Me, I’m a work in progress.”
“The best part of what we do is helping play a role in an entrepreneur's journey from a mom-and-pop business to a company that can create a generational wealth event for the business owner's family. To have clients that could barely pay their bills six or seven years ago to be now courted by private equity thinking about an eight-figure exit is an amazing journey to be a part of. Franchising done right is a true exponential growth strategy, but as we all know only a select few pull it off.”
*This brand is a paid partner of 1851 Franchise. For more information on paid partnerships please click here.