Franchise Legal Players: Rochelle Spandorf, Partner at Davis Wright Tremaine LLP
As part of its annual Franchise Legal Players issue, 1851 profiled the top franchise attorneys in the field to shine a spotlight on the work they do for the franchise industry.
1851: Tell us about your background and your firm.
Rochelle Spandorf, Partner at Davis Wright Tremaine LLP: I bring almost 40 years of experience representing franchisors, manufacturers, licensors, suppliers, franchisees, and distributors in their domestic and international expansion and strategic development. I have the distinction of serving as the first woman to chair the ABA Forum on Franchising, the nation’s preeminent association of franchise attorneys. Most recently, in 2018, Who’s Who Legal based on peer reviews recognized me as one of the leading "Global Elite Thought Leaders" in franchise law in the world.
I lead the national franchise practice at Davis Wright Tremaine, or DWT, a full-service law firm with approximately 550 lawyers in eight offices on the east and west coasts of the United States. We stand out among franchise law firms by offering our franchise clients seamless comprehensive legal support in all areas of business important to them, from domestic and international franchise sales regulation to M&A, advertising and marketing practices, privacy and cybersecurity, tax, and dispute resolution.
For restaurant owners, DWT has the leading restaurant practice in the U.S., providing advice not only on franchise law topics, but cutting-edge issues unique to restaurant owners including food safety and menu labeling, restaurant labor and employment rules, retail leasing, IP protection, alcoholic beverage control, supply chain projects and rules for cannabis-friendly bars and restaurants. Foremost, DWT offers franchise clients deep practical knowledge of franchise law and important perspectives when clients ask us, “What are other franchisors doing about this?”
1851: What are some must-ask questions when franchisors and franchisees are vetting potential franchise attorneys?
Spandorf: There is no substitute for experience. Clients should ask for references and call them. In vetting a potential franchise attorney, clients should consider the feedback of other clients regarding the attorney’s responsiveness, objectivity and practical business sense. Legal fees are obviously an important consideration, but experience counts for more: a seasoned franchise attorney may take less time to get the job done right. Franchise law is not a commodity; it is a practice that requires specialization, which only comes about with experience.
1851: In broad terms, do you have a particular case that stands out to you as an industry learning experience?
Spandorf: Collectively, the joint employer cases stand out because they illustrate how poorly public officials understand franchising as a unique business method.
1851: What is the most rewarding aspect of your work?
Spandorf: Helping a client navigate through change or solve a business problem who takes a moment to say thank you.
1851: What are your top concerns for the franchise industry in the next year?
Spandorf: Revenue recognition rules for franchise fees; ability of Congress and state legislatures to enact legislation to eliminate concerns over joint employer legal risks for franchisors (risks unwelcome by franchisors and franchisees alike); and the government stalemate due to extreme partisanship.
1851: What are you most optimistic about in the franchise industry in the next year?
Spandorf: Business ownership and expansion opportunities for first-generation business owners; continued job creation for our economy; and the increasingly diverse profile of franchisees including continued attraction of sophisticated companies, young business talent and private equity investors to franchising.