Top Franchise Legal Players: Andrew P. Bleiman, Marks & Klein, LLC

Honoree: Andrew P. Bleiman
Role: Managing Attorney, Marks & Klein, LLC

Andrew P. Bleiman is the managing attorney of the Illinois offices of Marks & Klein, LLC. A seasoned business lawyer with diverse experience, Bleiman represents and advises clients across numerous industries on a wide range of business and litigation matters. His expertise extends into the franchise sector, where he works closely with both franchisors and franchisees on matters such as the preparation and review of franchise disclosure documents (FDDs), franchise agreements, and area development agreements.

Recognized as a “Legal Eagle” by the Franchise Times, Bleiman is acknowledged as one of the nation’s leading franchise attorneys. His franchise law practice involves representing clients in litigation and arbitration actions concerning breach of contract, fraud, unfair competition, trademark infringement and trade secret claims. He is also adept at handling franchisee termination issues and the enforcement of post-termination covenants, making him a critical ally for businesses navigating the complexities of franchising.

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

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

Andrew P. Bleiman: Franchisors should take substantial steps to ensure that 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 of the FDD?

Bleiman: Item 19 is critically important to prospective franchisees and is one of the only opportunities within the FDD for franchisors to use it 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 that are proposed by prospective franchisees.

1851: How do you 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: Listen to your clients, peers, colleagues, friends and family and hear what they have to say.

Every great franchisee had help buying a franchise. Want to learn more about how 1851 helps franchisees find the right franchise opportunity? Visit www.1851growthclub.com and start your journey.