Legal Player: Andrew P. Bleiman
Firm: Marks & Klein

Andrew P. Bleiman’s path into franchising came down to good luck and timing. While working at a large law firm, he had the chance to engage with a variety of franchise industry issues. The more he learned, the more fascinated he became. Bleiman quickly recognized franchising as a dynamic and challenging field — one that combined entrepreneurship, brand building and law in unique ways. Today, as managing attorney of the Illinois offices of Marks & Klein, LLC, he applies that entrepreneurial mindset to provide practical and strategic counsel to franchisors and franchisees alike.

1851 Franchise reached out to Bleiman to learn how franchisors can protect their brand and avoid legal mistakes. Check out his insights below.

1851 Franchise: How did you fall into franchising?

Andrew Bleiman: Good luck and timing. I was fortunate to have gotten an opportunity to get engaged on various issues in the franchise industry while working at a big law firm. I found the industry fascinating and thought it would be an excellent area in which to concentrate my practice.

1851: What do you see as the most important things franchisors should do to protect their brand?

Bleiman: Franchisors should take substantial steps to make sure franchisees are following the system, making the necessary changes and upgrades as the franchisor directs over the years and are communicating with franchisees to promote brand consistency across the system and the importance of such consistency to each individual franchisee.

1851: How important is the information in Item 19?

Bleiman: Item 19 is critically important to prospective franchisees and is one of the only opportunities within the [Franchise Disclosure Document] for franchisors to use the FDD as a selling tool. Absent an Item 19 disclosure, it is impossible for franchisees to evaluate the economic viability of the concept and the potential ROI. The omission of an Item 19 from an FDD, particularly for new or emerging franchisors, raises very significant questions concerning the economic viability of the franchise, as franchisors with strong financials to present would most certainly include them.

1851: What is the single largest legal mistake brands make?

Bleiman: The single largest legal mistake that brands make, particularly new or emerging brands, is presenting the Franchise Agreement as a take-it-or-leave-it proposition and refusing to even consider reasonable modifications to the franchise agreement that are proposed by prospective franchisees.

1851: How does Marks & Klein stand out as a franchise law firm?

Bleiman: We stand out as a franchise law firm by approaching the practice of law from an entrepreneurial mindset and working creatively with clients to address issues and overcome challenges. We pride ourselves on providing counsel to our clients based on what they need to hear as opposed to what they want to hear. We value our client relationships and make ourselves available to our clients at all times.

1851: What is the best business advice you have received in your career?

Bleiman: Not only listen to your clients, peers, colleagues, friends and family but hear what they have to say.

1851 Franchise’s Supplier Database connects franchisors and franchisees with top legal experts. If you need guidance on agreements, compliance or disputes, click here for more information.

Don’t Miss the Next Big Franchise Story

Sign up for the 1851 Franchise newsletter to get our biggest stories before everyone else

By signing up, you agree to our user agreement (including class action waiver and arbitration provisions), and acknowledge our privacy policy.

Luca Piacentini

About the Author

Luca Piacentini

Follow

1851 Managing Editor