Top Franchise Lawyers: John Moore of Husch Blackwell

1851 spoke with Husch Blackwell’s John Moore about helping businesses grow, the importance of franchisees having prior experience in their industry and the ongoing impact of the FASB’s 2014 revenue-recognition rule.

About John Moore:

By 1997 John Moore had already built a career in corporate and transaction law, but he hadn’t yet developed his specialization in franchise law. In the fall of that year, Moore joined Husch Blackwell, a Kansas City, Missouri-based law firm whose more than 700 attorneys provided specialized counsel to clients in specific industries.

One of Moore’s first projects with Husch Blackwell partnered him with Donald Culp, another new member of the firm who brought with him more than 20 years of experience in franchise law. Culp offered to teach Moore some of the finer points of his specialization, and Moore proved a quick study. The two worked together on franchise projects for years, right up until Culp’s retirement just a few years ago. 

About Husch Blackwell (from firm’s website):

We start every day by asking, “How will we move our clients forward?”

 

We measure everything we do by how it advances our clients.

 

Our industry teams collaborate across practice areas to deliver in-depth solutions to the most complex business challenges.

 

We bring together the best legal minds and reach beyond law to include experienced industry professionals. This approach gives our clients a greater perspective and ensures forward-thinking results.

1851 Franchise: What drew you to franchise law, and what do you enjoy about working in the field?

John Moore: 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.

1851: What is something every franchisor should know about franchise law?

Moore: I think they should all know that, in terms of documentation, it is so important to do things properly from the very beginning. This includes everything from understanding their Franchise Agreement and FDD, to maintaining good franchisee files with FDD receipts and correspondence, to ensuring each franchisee complies with their system standards. If franchisors pay attention to these details, it will help them build value in their brand and reduce future headaches.

1851: What is something you think every prospective franchisee should know about franchising before diving into the industry?

Moore: I think it is really important to have prior experience in the business you are going to be working in, and it’s crucial that you understand the key drivers of your business’ individual unit economics. If you have that experience and understanding, then you can look at the franchisor’s concept and operational model, which you are going to have to follow closely, and decide if that business is right for you.

1851: What do you expect to see as a result of the new NLRB joint-employer ruling?

Moore: Franchisors need to continue to be mindful of the fact that they have to allow franchisees to make employment- and other business-related decisions at the local level. It has always been tempting for franchisors to exert more and more control over a franchisee’s operations, but the risks of joint-employer, California AB-5 and vicarious liability are all a reminder for franchisors to keep that temptation in check. 

1851: What do you think is the most pressing challenge facing the franchise industry right now?

Moore: We have been talking about this for some time, but the impact of the FASB’s revenue-recognition rule is still a huge issue for our franchisors, and I think it will continue to be a big topic until we get through state renewals and franchisors have some time selling franchises based on their new set of financial statements.