Legal Player: Chad Finkelstein
Firm: Dale & Lessmann LLP

For Chad Finkelstein, franchise law is about combining legal strategy with entrepreneurial creativity. A transactional lawyer by training, Finkelstein has always admired creators — the people who build brands from the ground up and bring them to life in new markets. That admiration, paired with his legal expertise, led him into franchising, where he helps brand owners commercialize their concepts and expand strategically across regions and borders. As a partner at Dale & Lessmann, Finkelstein is recognized for his practical approach, clear communication and commitment to guiding clients with actionable advice.

1851 Franchise reached out to Finkelstein 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?

Chad Finkelstein: I have always been enamored by creative people because I am not one of them. Franchise law presented a great opportunity for a transactional lawyer to work with creators who develop their brands from the ground up and commercialize those brands and expand with them in all sorts of exciting ways.

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

Finkelstein: The obvious legal answer would be to ensure that system standards are uniformly followed, as anything less leads to confusion among consumers. I also think that franchisors should plan ahead for international markets. Even though there is a cost to filing trademark applications at a time when the franchisor is in startup mode and cashflow is at its tightest, it is a far more painful lesson to learn later when a great international franchise opportunity comes up, but the trademark is not available in that country.

1851: How important is the information in Item 19?

Finkelstein: It depends on the Item 19. Some financial performance representations are deliberately light, such as average systemwide sales and nothing else. That’s entirely fine, but, in those cases, the Item 19 should be viewed as a reference or a starting point for due diligence. Other franchisors proudly disclose extremely detailed and comprehensive FPRs in their Item 19s, and I think prospective franchisees should be reviewing those very carefully. I also don’t think that a franchisor’s decision to not include FPRs in an Item 19 should be viewed as a potential problem with the franchisor. Franchisors of different sizes and experience have all sorts of valid reasons to not include FPRs, though a great number are certainly spooked by their lawyers!

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

Finkelstein: Being guided by flattery. The franchisors we see who fail the most often are those who were not ready to franchise on the day that someone reached out and offered to pay them a royalty for the right to open a franchise. Franchisees pay a lot of money to buy a franchise, and having a true set of operating standards, a training program and support infrastructure makes a tremendous difference. We love to see franchisors who are deliberate about their franchise expansion and on their own timeline.

1851: How does Dale & Lessmann stand out as a franchise law firm?

Finkelstein: My hope is that every email we send and every conversation we have ends with our franchisor clients understanding our advice and having a clear recommendation from us to consider. We don’t send emails that merely list options and then ask our clients what they think. We try to avoid the dreaded “legalese” that can frustrate people. We communicate in plain English and believe that that strengthens our partnership with the business leaders who trust us.”

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

Finkelstein: Don’t write like “Mr. Finkelstein.” Write like “Chad.”

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.

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Luca Piacentini

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Luca Piacentini

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1851 Managing Editor