Attention:

Best Practices in Franchise Compliance


Level: Advanced
Runtime: 92 minutes
Recorded Date: July 26, 2019
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Agenda


  • Franchise Sales and Exemptions
  • Disclosure Document
  • Franchise Sellers
  • Material Changes to a Franchise
  • Financial Performance Representatives
  • Liability and Remedies
Runtime: 1 hour and 32 minutes
Recorded: July 26, 2019

Description

Franchise systems face many challenges throughout their business lifecycle, including compliance with franchise rules and requirements. Franchise counsel can provide significant value by offering practical advice regarding the franchise sales process, so make sure you have the basics down.

Take this course for a brief overview on what you need to know when it comes to franchise compliance. Practitioners should be able to (i) generally identify which system changes are material, requiring an amendment to its Franchise Disclosure Document (FDD); (ii) navigate the quarterly update requirements; and (iii) counsel franchise systems regarding general compliance matters regarding sales and document retention.

This program was recorded on July 26th, 2019.

Provided By

American Bar Association

Panelists

Laura Hayes Kupish

Associate
Baker & McKenzie LLP

Laura Kupish is a member of Baker McKenzie's International and Commercial practice in Dallas. Prior to joining the Firm, Laura was in-house counsel for a Fortune 100 refining and marketing company, supporting a multi-brand portfolio of fuel offerings and convenience stores in the areas of marketing, franchising, and the Petroleum Marketing Practices Act (PMPA). Laura has experience structuring, negotiating and drafting a wide variety of domestic and cross-border commercial contracts. Prior to her in-house role, Laura was an associate of a boutique franchise firm, representing and counseling numerous franchisor and franchisee clients in a variety of industries throughout their business lifecycle.

Laura Kupish is a member of Baker McKenzie's International and Commercial practice in Dallas. Prior to joining the Firm, Laura was in-house counsel for a Fortune 100 refining and marketing company, supporting a multi-brand portfolio of fuel offerings and convenience stores in the areas of marketing, franchising, and the Petroleum Marketing Practices Act (PMPA). Laura has experience structuring, negotiating and drafting a wide variety of domestic and cross-border commercial contracts. Prior to her in-house role, Laura was an associate of a boutique franchise firm, representing and counseling numerous franchisor and franchisee clients in a variety of industries throughout their business lifecycle.

Laura received her JD cum laude at Southern Methodist University, Dedman School of Law in 2013.

Kyle C. Lennox

Associate
Greenberg Traurig, LLP

Kyle is a transactional attorney who focuses his practice on franchising, licensing, distribution, and general corporate matters. He helps clients structure their franchise programs to meet their short- and long-term goals and assists clients with purchasing and selling franchise systems through mergers and acquisitions. Kyle advises clients on federal and state franchise laws and regulations, including franchise compliance and exemption strategies. He drafts documents such as franchise agreements, franchise disclosure documents, master franchise agreements, and development agreements, and negotiates franchise-related disputes often resulting in termination agreements, release agreements, and settlement agreements. Kyle also provides companies counsel on general corporate matters, such as corporate governance, joint ventures and business organization.

Kyle maintains a particular focus in international law and regularly helps clients expand their brands to various international markets, including Canada, Europe, Latin America, Asia, Australia, and the Middle East. He also assists international companies seeking to expand their brands to the United States.

Andrew P. Beilfuss

Partner
Quarles & Brady LLP

Andy Beilfuss is the national chair of Quarles & Brady's Franchise & Distribution industry team. Andy is a leading attorney on issues that affect businesses' getting products to market, with extensive experience assisting franchise entities, manufacturers, specialty retailers, sales representatives, and distributors in reaching their business and legal goals. He is also the founder and chair of the International Franchise Association’s Wisconsin Franchised Business Network.

Andy focuses his practice primarily on litigation in the franchise and product marketing and distribution context, but he also frequently advises clients on contract drafting and regulatory matters, including guidance on product distribution, state and federal franchise laws, the Uniform Commercial Code, terms and conditions of sale and state distribution, and relationship laws. He also has experience beyond franchising and distribution, handling complex commercial disputes in various state courts, federal courts, arbitrations, mediations, and administrative hearings. He has been involved in all aspects of litigation, including pre-lawsuit negotiations, motion practice, trial preparation, actual trial, and post-trial motions, in multiple business sectors. Additionally, Andy has appellate experience in both state and federal appellate courts.

Andy’s approach to helping clients is driven by a combination of legal and advanced business education and experience, as he earned a master’s degree in Business and worked for two Fortune 50 companies before becoming an attorney. This gives him the rare ability to understand the intersection of business and legal issues facing clients, which in turn enables him to craft solutions that are cost effective and practical for his nationwide client base.

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