Top Franchise Legal Players: Frank Sciremammano, Partner at Lathrop GPM LLP

Frank Sciremammano, a law school graduate of Syracuse University, had no clear-cut path to enter franchise law. After graduation, he practiced for a few years in upstate New York doing commercial litigation and environmental litigation, but as part of a relocation to the Washington D.C. area, he came across Lathrop GPM — the firm he is now a partner at. 

“I found this practice group, and it looked like a really great opportunity and fit for me,” said Sciremammano. “We're one of the largest franchise law practice groups in the world. We represent France, some of the largest franchise brands to some of the smallest franchise brands and everything in between. So this seemed like a really cool opportunity for me without knowing anything about franchising. I was totally green.”

Sciremammano may not have had any idea of the impact Lathrop GPM would have on his career, but he expressed that he’s glad  he decided to “take that shot” and learn from some of the “real giants” of the franchise law community. He may have taken a shot, and it may have been fate — because he has been working in franchise law ever since.

Although  Sciremammano primarily works on the franchisor side of the equation, he finds the entire franchising process fascinating and views the industry as a road to success for so many people, and he loves playing a part in that business equation. He also enjoys the non stagnant nature of franchise law and that it “keeps him on his toes” because it touches on so many different disciplines (i.e., contract law, regulatory law, tort issues, unfair competition issues and intellectual property challenges). 

“I think franchising is really part of the path to the American Dream for so many people, whether it's buying your first business or working your first job or anywhere in between,” said Sciremammano. “It's just been a very useful thing for our society and for our economy. Modern franchising is an American creation that we're exporting across the world. And I think it's worked really well to distribute wealth and to generate economic activity and to employ millions of people … It's just a really important business format.”

As an attorney who wants to see franchisees succeed, Sciremammano offered some advice from his point of view — someone who represents the franchisors.   

“Every prospective franchisee should think critically about whether they enjoy following a system before they purchase a franchise,” said Sciremammano. “Do they enjoy executing on an operational plan? The system in the franchise relationship offers reduced risk and streamlined business and operations. It's the quicker pathway to profitability, but in order for the system to work, every franchisee has to follow that system. And if you are into business because you want to be creative, develop your own systems, your own operations, your own IP and you want to tweak those things as you grow — you might be a very creative entrepreneur, and that's fantastic. But franchising might not be the best option for you.”

After offering this advice, Sciremammano did agree that franchising is a great option for many people, but they need to understand the logistics and do their due diligence. Purchasing a franchise is a huge decision, and it’s important to make sure the franchisee and franchisor are in agreement with expectations and goals. 

Sciremammano mentioned this also applies for franchisors, as brands often need to be more proactive.   

“The most common mistake franchise brands make from a legal perspective is not taking a proactive approach,” Sciremammano stated. “They end up forcing the system or brand standards, and brand standard and system standards, to me, are the lifeblood of the franchise system. It's everything from the method of operation to the products you sell to the equipment that you use to conduct the business to the look and feel of the franchise outlet. All of these things are crucial to maintaining consistency and quality throughout a system.” 

Watch the full interview with Sciremammano above, or click here to watch it on YouTube.