Franchise Legal Player: John Gotaskie Jr.
Firm: Fox Rothschild LLP
John Gotaskie Jr. approaches franchise law with the precision of a litigator and the mindset of an entrepreneur. As a partner at Fox Rothschild, he’s built a reputation as a trusted advisor. Gotaskie looks past the immediate legal hurdle to see the bigger picture of a brand’s success. Whether he’s navigating complex commercial disputes, handling bankruptcy litigation or editing the firm’s Franchise Law Update blog, his goal remains the same: to provide a coordinated strategy that helps his clients grow. Outside of the courtroom, Gotaskie stays just as active, serving as a leader within the Georgetown University Alumni Association and spending his weekends on the pool deck as a certified USA Swimming official.
1851 Franchise caught up with Gotaskie to discuss the intersection of immigration and labor, the critical importance of enforcement audits for emerging brands and why the best legal strategies always start with a deep understanding of a client’s heart and goals.
1851 Franchise: What originally drew you to franchise law and what has kept you engaged in the space over time?
John Gotaskie Jr.: I was exposed to franchise law because the first firm I worked for as a young lawyer had large franchisors as clients. I was immediately hooked on the variety in franchise law. It covers all the bases and presents all the challenges of the law in one area. That variety, challenge and opportunity kept me engaged.
1851: As franchising continues to evolve, what legal issue do you see brands most often underestimating today?
Gotaskie: Talent, particularly in the area of immigration. Whatever your politics, the clampdown on immigration means that our businesses are in the middle of the controversy. There needs to be a proactive planning approach about how to address these issues. Right now, many seem to be principally reacting. That is too late. At the same time, less immigration means you will likely face an economy that will be expanding much more slowly and in which it will be harder to find employees.
1851: In your experience, where do emerging franchisors tend to get tripped up from a compliance or documentation standpoint?
Gotaskie: Enforcement audits. Most emerging franchisors have worked with advisors to have strong documentation. But most are working on a shoestring, with people handling multiple roles. Someone needs to be the dedicated person to make sure that the documentation is signed, returned and complied with. Technology has made that easier, in my opinion. But someone still needs to take the checklist and go beyond the checklist to ensure that, for example, there isn’t just insurance bought, but that things like the insurance coverage amounts are correct and the correct additional insureds are listed.
1851: How should franchisors be thinking about risk management as they scale into new markets or add new unit growth strategies?
Gotaskie: It seems simple but understand as much as possible about what you are about to embark upon. Talk to other people who have tried such strategies or have gone into those markets in the past. I have found that the franchise industry is willing to share its insights and experiences liberally. You can help yourself avoid pitfalls by learning from those who have gone before.
1851: What distinguishes your approach or philosophy when working with franchise clients?
Gotaskie: I always keep in the forefront of my mind that people are drawn to franchising, even at the highest levels, because they have entrepreneurial hearts. I try to think like an entrepreneur as much as possible.
1851: Looking back, what lesson from your legal career has had the greatest impact on how you advise clients today?
Gotaskie: Taking the time to understand your client’s goals and tailoring a legal strategy for them. Every client and every matter is different. As a litigator, primarily, you have a toolbox of options. Choosing the one that aligns best with your client’s goals is essential for success.
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