Franchising: Nationwide

THE FIRM This 30-strong team maintains its lead in the market, despite the strength of its competitors. Though it fields a top-quality international transactional practice, the backbone of this group's work is still related to stateside matters. The team's broad-based expertise covers anything from compliance work to distribution agreements, as well as M&A, litigation, disclosure documentation registration and franchise launching. Its solid experience wins it clients from the fashion and apparel industry, restaurant chains and financial entities, among others. In the past year the group successfully defended Coverall North America against claims of fraud, breach of contract and deceptive practices. The group also worked with such names as Golden Corral, Ace Hardware and Roark Capital. 

Sources say: "Without doubt the largest practice in the country - it deserves all the accolades it gets."

KEY INDIVIDUALS Bret Lowell is singled out by peers as one of the leading lights of the franchising team. Especially noted for his transactional work, both domestic and international, he offers formidable technical knowledge of the franchising field. Peers hold Dennis Wieczorek in high regard for his transactional practice. One commentator remarks: "He's a vintage guy, he lives and breathes this everyday. He's thoughtful and creative and as good as it gets for transactions." In the past year he took on an increasing amount of international work, handling disclosure documentation, securities prospectuses and contracts for clients looking to franchise within the US or abroad. "You'd have to be blind, deaf and dumb to not know Philip Zeidman," one peer remarks. He has nearly 40 years of experience under his belt, and international franchising remains his specialty. In the past year he handled matters in Australia, Portugal, Russia and Morocco. Michael Brennan won particular praise for his transactional practice. "He is an excellent player in this area," remarks one interviewee. Another source enthuses: "He is well respected, and deservedly so. He has always been thoughtful and careful, and even across the table he is a treat to work with." He is an acknowledged expert in disclosure requirements. Joseph Sheyka's main area of expertise lies in international transactions. One commentator describes him as "a reserved kind of transaction expert - quiet but very talented, creative in finding solutions for clients and the kind of guy you want on your team." Sources draw particular attention to his solid negotiation skills. Chicago-based Stuart Hershman enjoys a reputation for a strong grasp of regulatory compliance matters and a wealth of transactional experience. "He's a talented lawyer and very well versed in franchise law," remarks one commentator. Erik Wulff focuses heavily on international transactions. Peers note his highly developed corporate and tax practice, and one remarks: "He's a go-to person for companies expanding internationally; he's talented with great insights from working in-house."

THE FIRM This group fields a balanced practice with strong arms in the litigation and transactional areas. On the latter front, the group specializes in M&A and IP work, particularly trademark and brand protection on a domestic and international scale. The group also works with private equity funds such as Roark Capital. Its litigation arm is what clients and peers know it best for, and the tested experience of the attorneys gives the litigation practice a strong edge on the market. In the past year the group successfully defended Jani-King from three class actions and one multiplaintiff action filed by franchisees. The group also worked extensively with Brightstar Financing, assisting with their franchisee finance program, an entity reorganization and trademark protection and registration in anticipation of international expansion.

Commercial Awareness "They have an excellent breadth of knowledge and the ability to continuously focus on the bigger picture, noting the implications of matters towards the overall system and not just the particular matters at hand."

KEY INDIVIDUALS "When it comes to litigation, there's nobody better than William Killion," one client remarks. "He can step back and, even in the context of litigation, never loses sight of the bigger picture. He eliminates the emotion to get to a good result and thinks of his clients first." Sources agree Jeffrey Brimer is a solidly experienced transactional lawyer with a successful international practice. One peer says: "He has made a very successful transition from corporate work to the legal world." His particular areas of expertise include disclosure and registration documentation, and distribution matters. Kerry Bundy impresses peers and clients alike with her effective balance of litigation skill and technical knowledge. One peer is full of praise: "Just seeing how she's developed her practice and skills is amazing." One of her specialties is distribution-related issues. Kevin Hein debuts in the rankings this year as a knowledgeable franchising attorney who is making a name for himself. His noncontentious practice is regularly engaged in healthcare matters.

THE FIRM The expertise of this 25-strong group lies in the litigation, transactional and regulatory areas of franchising. The group's litigation arm is being increasingly sought by clients entering contract renewals, while its expertise in disclosure documentation and compliance, along with franchise system development and maintenance is attracting work from clients in the hotel, food and beverage and restaurant industries, among others. The group also fields a strong trademark and IP practice. In the past year the team successfully defended Carlson Hotels Worldwide and Radisson Hotels International from a PI lawsuit brought forward by two plaintiffs who alleged negligent design when they fell through a plate glass door at a sports bar in the Radisson Narita Hotel in Tokyo. On the noncontentious side the group represented Slumberland in developing and implementing a program to assist franchisees in their retail building operations.

Client Service "I like how every month they send out free bulletins and updates on every single case that's been done in franchising across the country, telling us about new rules and developments. That sort of education is invaluable."

Commercial Awareness "They have the ability to integrate good business practices with good legal work, that's one of the reasons I value my relationship with them so highly."

KEY INDIVIDUALS Peers describe Peter Klarfeld as "a rock-solid and very accomplished guy." He is best known for his litigation skills, and his areas of expertise lie in franchise system change and renewal, as well as covenants-related matters. Sources agree Gaylen Knack is a great transactional lawyer with an expertise in structuring and distribution programs. One client enthuses: "He's very strategic and has good practical experience." Eric Yaffe is known for his formidable litigation practice. In the past year, he played a leading role in representing Dunkin' Donuts and Baskin-Robbins in a dispute in relation to the termination of franchise agreements for violation of state and federal tax laws. Carl Zwisler is recognized as a "very knowledgeable transactions lawyer" with strong expertise in international franchising. Max Schott is an acknowledged expert in regulatory matters and franchise disclosure documentation issues, praised by peers for his solid technical knowledge. His experience also covers franchise programs. Liz Dillon makes a first appearance in the rankings this year, impressing clients with a solid grasp of franchise systems and their maintenance and expansion. One client says: "She is a great resource and a tremendous asset."

THE FIRM This group fields a strong dual litigation and transaction practice thanks to the solid, tested and well-recognized experience of the attorneys. In the past year its litigation arm has engaged in bankruptcy and dispute resolution related matters, while on the noncontentious front it continues to impress with its regulatory, compliance, and franchise agreements expertise. In the past year the group worked with Aramark to prepare a new strategic approach and related agreements in connection with nontraditional expansion into US universities and college campuses. The group also worked with Bennigan's Franchising, supervising the nationwide restart of the client's company store and franchising of restaurants. This matter engaged the practice's broad base of expertise in real estate, labor and employment and regulatory matters.

Commercial Awareness "They showed us how to approach franchisors differently. They gave us a lot of upfront coaching, helping us with legal values, and telling us which clauses apply to us and which don't."

KEY INDIVIDUALS Joyce Mazero is noted for the strategizing and planning of deal structures. Peers and clients hold her in high regard, and one client remarks: "She knows the business and advises and teaches me on how far we can push the envelope on key business terms." Another client notes her solid negotiation skills: "She is very tough and it's great to have her on your side; she gets to the root of matters quickly and resolves things before they escalate." Peers note her sharp practice in compliance and state registrations. Deborah Coldwell is lauded by peers as "an accomplished and highly capable trial lawyer." One commentator also remarks: "She is a phenomenal academic and a great writer." Her litigation expertise covers IP-related matters and class actions in particular.

THE FIRM This group fields a balanced mix of litigation and transactional work, with an experienced and growing international component. The firm boasts a deep bench with sharp skills, and on the litigation side it benefits from attorneys' expertise in bankruptcy law. On the noncontentious side it handles franchise agreements, as well as M&A and private equity matters. In the past year the group engaged heavily with motor industry clients. It represented Volvo on several major matters, including representing it in an alleged trademark and IP rights violation by an aftermarket service provider. The group also worked with Ferrari, Mazda, Toyota and Round Table Pizza.

KEY INDIVIDUALS Arthur Pressman is "one of the top litigators," according to peers. He brings to the team nearly 30 years of litigation experience and an impressive expertise in distribution issues, consumer service systems and mediation. His clientele includes major food and beverage and hotel entities. Andrew Loewinger is a well-respected transactional practitioner working with both domestic and international entities. Some of his specialties include systems handling, licensing programs and assisting franchisors expanding internationally. Craig Tractenberg won plaudits for his leading finance litigation practice. One peer enthuses: "He's very good and thorough at what he does in franchise bankruptcy."

THE FIRM The backbone of this group remains in litigation and dispute resolution and in this area it handles claims-related matters, class actions and contract disputes. Sources also note this group's expertise in IP-related matters. On the noncontentious front the group assists clients with startups, handling such issues as distribution and licensing. Disclosure documentation and franchise registration, as well as system management, all fall under its expertise. In the past year it worked with a range of clients, including Ethan Allen, Auntie Anne's, Chick-fil-A and Wyndham Hotels.

Client Service "Their expertise is good, but that's a given. But their responsiveness, timeliness and sense of caring for our business and coming to the right decisions, are qualities that really stood out."

KEY INDIVIDUALS At "the top of the field" is Edward Wood Dunham, a well-respected franchise litigator. One client remarks that "I trust his judgment, he's a superb lawyer," while another enthuses: "All of his skills and strengths are impressive; he's practical and sensitive." Dean Fournaris is described as "a thoughtful, lawyer." One impressed client notes: "He was very passionate about our case; he is knowledgeable and thorough but also very personable." Fournaris has a particularly solid working knowledge of the restaurant industry. Bethany Appleby debuts in the rankings this year in recognition of her impressive litigation practice. She has an expertise in claims-related matters.

THE FIRM This group fields a respected practice with sharp and experienced transactional and litigation components. The team successfully defended Avis Rent-a-Car against a race discrimination lawsuit and a proposed class action lawsuit. On the transactional front the team handled major acquisitions for Panera Bread and Wolfgang Puck.

Sources say: "It has some terrific people."

KEY INDIVIDUALS Jonathan Solish is lauded as "a brilliant litigator," who can hold his own with the best on the market. One peer remarks: "I would pick him out as the very finest. He's unbelievably smart and tenacious and I have enormous respect for him." Kenneth Costello handles the transactional side of the practice. He is well respected by peers for his longterm experience and skill in closing deals, and his reputation earns him major clients from a range of industries, including food, beverage and fitness chains. His experience makes him a favorite for both foreign inbound companies and US-based companies expanding internationally.

THE FIRM This group is best known for its franchise litigation and product distribution expertise. The attorneys' strong experience allows the group to handle a range of matters, including dealer network establishment, management system maintenance and product warranty disputes. In the past year the group successfully represented Volvo Construction Equipment in the reversal of a $2.1 million judgment regarding an alleged wrongful termination, brought forward by a former dealer.

KEY INDIVIDUALS Michael Lockerby is described by sources as "a brilliant and knowledgeable litigation expert who deserves his kudos." He is respected for his antitrust expertise, though IP matters also fall within his expertise. Miami-based Mary Leslie Smith is a well-respected franchising litigator. Her commercial disputes expertise encompasses trademark matters and vicarious liability claims.

THE FIRM This balanced litigation and transaction group fields a potent mix of expertise in trademark, real estate and private equity matters. In the past year the group represented BP America in defending its am/pm convenience store franchise system in a litigation case in Chicago. It also defended Shell from several multidistrict class actions regarding its alleged liability for the sales practices of an independent franchisee.

Commercial Awareness "They get attorneys with more business sense. They don't just read from a law book, they know the motions of operating or managing a business, and it comes out when they write agreements and deliver information."

KEY INDIVIDUALS Clients hold John Baer in high regard as a conscientious and hard-working lawyer. Peers acknowledge his longstanding experience and formidable knowledge, hailing him as "one of the jewels in the crown of franchising." One client enthuses: "He's quite quick on his feet, gives ad hoc advice where needed, and his expertise is hard to match." Peers note the international aspect of his broad-based, transaction-heavy practice, and his experience and reputation make him a lawyer of choice for entities inbound to the US and outbound from it. Leonard Vines impresses with his robust working knowledge of the franchising business. Peers recognize him as a strong transactional expert in possession of some excellent writing skills. Dual US- and Swedish-qualified Beata Krakus enters the rankings as a promising associate, "responsive and thorough, and really caring of clients."

THE FIRM This group stands out for its expertise in IP and trademark representation matters, as well as an antitrust component. Its litigation arm was a major part of the practice in the last year, dealing in covenant not to compete cases, vicarious liability, post-termination disputes and trademark infringement. In the past year it also tackled several franchisee bankruptcy matters. On the noncontentious side the group specializes in regulatory compliance. In the past year it took on a range of matters, including new launches, license agreement negotiations and disclosure and structuring matters for several inbound Australian franchisors. 

KEY INDIVIDUALS Rupert Barkoff is acclaimed as one of the country's leading lights on the franchising scene. One source describes him as "a seasoned professional and a nationally recognized leader in this field," adding that "he immediately recognizes client goals and coordinates the assistance needed."

THE FIRM Peers are quick to note the national reputation of this group, operating out of Minneapolis. The litigation capabilities and longstanding experience of the attorneys make it a competitive player on the market, and its expertise in program structuring, documentation preparation and licensing issues, among others, helps it maintain a lead in the franchising area. Some of its specialist areas include trademarks and hotels, and in the past year the group also expanded its international capabilities, working with entities in China and Europe.

KEY INDIVIDUALS Charles Modell is described by peers as "a pillar of the franchising Bar." Sources note the intellectual side which he brings to his transaction-heavy practice, the result of his 30-year career. Peers hold Joseph Fittante in high regard, praising him as a solid and promising attorney. His areas of expertise include franchise registration and disclosure matters.

THE FIRM This group is best known for its litigation component and its regulatory compliance expertise, giving the practice a strong hand on both the contentious and noncontentious fronts. The group is well supported by the firm's highly experienced trademarks and technology practices. It handles cybersquatting and domain name disputes in the Internet area, as well as e-commerce franchise systems. More conventional matters such as acquisition, licensing and distribution agreements, as well as arbitration and mediation, are also handled with ease.

KEY INDIVIDUALS Sources hold Lee Plave in high regard, hailing him as "an excellent lawyer and real champ in the Internet niche." Peers note his expertise in the technology side of franchising. David Koch is "just terrific," according to happy sources. One peer remarks that "he knows how to negotiate and how to do the business." His areas of expertise include franchise program management, antitrust and privacy matters. Sources were warm in their praise of Leslie Curran, who is described as a promising and active lawyer. One peer remarks: "She is very likeable, she is energetic and delightful, but she is also serious and meticulous about details and quality." Her skill set includes structuring and relationships, contract negotiation and joint ventures.

THE FIRM Though relatively compact, this eight-strong team fields a competitive practice with broad-based expertise. On the finance side it handles bankruptcy matters, while on the litigation front it handles contentious trademark matters such as infringement. The mainstay of its work, however, lies in regulatory compliance issues, and in this area the group's expertise encompasses compliance registration, franchise disclosure documentation amendments and IP-related matters, among others. Its clientele includes major names from the food and beverage, convenience store and hotel industries. 

Client Service "They have an excellent service, and I can say that with unabashed sincerity. They cut through the crap and they're easy to work with. They don't milk bills, they're timely and honest, and they really develop relationships with clients."

KEY INDIVIDUALS Ann Hurwitz is "one of the most experienced franchising attorneys," remarks one commentator. Sources note her extensive knowledge of the field as particularly impressive. Her forte lies in transactional work, and she is a solid choice when it comes to handling deal structuring and M&A matters. Will Woods won praise as an outstanding member of the team. His area of expertise lies in hotels work and one client drew particular attention to his "knowledge of the field." 

THE FIRM This group concentrates on the transactional side out of its Denver office, while in Washington it is a player in the litigation area. The bulk of the firm's noncontentious workload is on the registration and compliance front, where its solid grasp of franchise disclosure documentation regulation serves it well. The group also fields an experienced M&A component. In the past year the team represented Centerbridge Capital Partners in its $300 million acquisition of Rock Bottom Restaurants and Gordon Biersch Brewery Restaurants.

Client Service "They have the ability to recognize the emotional elements of a business. This firm gives us a 3D view of the issues and they're brilliant in the code of law, but very sensitive about it, they're not street fighters."

KEY INDIVIDUALS Kim McCullough receives warm praise from interviewees. Clients note that "she has a nurturing personality and a willingness to teach you about what needs to be done." The mainstay of her work is with franchisors, in areas such as registration, compliance and disclosure matters. 

THE FIRM This litigation-heavy practice is noted for its experience in handling liability claims and a thorough and meticulous approach. In the past year the group represented GMAC Real Estate regarding alleged fraudulent conduct by a franchisee, which had caused plaintiff Air China to seek damages. Some of the group's regular clients include names such as Wyndham Worldwide and Avis Budget Group.

KEY INDIVIDUALS Managing partner Dennis LaFiura is a noted franchising practitioner with particular experience in the automobile and real estate areas. In the last year he played a leading role in representing Chrysler on several arbitration matters following the bankruptcy-related terminations of hundreds of Chrysler, Dodge and Jeep dealers.

THE FIRM This New York-based boutique is recognized by peers as one of the leading players in the area and offers sharp expertise in franchise fraud-related matters and regulatory compliance. Among its enviable clientele are such names as KFC, Enterprise Rent-A-Car and the Miss Universe Organization.

KEY INDIVIDUALS David Kaufmann "literally wrote the book on franchise law," one client says. Sources agree he is pragmatic and business savvy. "He understands the business goals first and then addresses the legal aspect," one commentator remarks. David Oppenheim impresses with his depth of experience. His expertise encompasses franchise planning and structuring, as well as distribution and licensing program-related matters.

THE FIRM This group is best known for its licensing expertise. It concentrates more on the international side of franchising, assisting clients with structuring, licensing and product distribution issues. Its litigation arm is also widely respected. In the past year the group worked with US subsidiaries of Japan-based Horiba Instruments, advising on product manufacturing, marketing and distribution matters in the USA and abroad.

KEY INDIVIDUALS Peers hold Michael Lindsey in high regard, praising his antitrust practice in particular. One peer remarks that "he's a strong and thoughtful lawyer." His specialty lies in system and program design and structuring, as well as trademark and IP issues. He is further noted for his burgeoning international practice.

THE FIRM This Arizona-based group fields a highly experienced litigation practice, specializing in terminations, contract disputes and claims-related matters. The firm has a strong international component and is well versed in handling disclosure documentation and licensing agreements. In the past year the team worked with clients such as Samurai Sam's, Kahala and Quiznos.

KEY INDIVIDUALS Sources praise Susan Grueneberg as an outstanding lawyer, who is "very conscientious and thorough in her work, timely and good at listening to her clients." Clients particularly praise her strong technical knowledge.

THE FIRM This group is a strong contender in the transactional and compliance-related areas. Bankruptcy matters, development agreements, disclosure and agreement documentation and disclosure documentation compliance all fall under its expertise. The group fields an experienced international arm and in the past year handled anticounterfeiting and cybersquatter matters. Recent work includes working with longstanding client Merle Norman Cosmetics on its program development matters. 

Client Service "They have an excellent way of building relationships with their clients, they go way beyond what we ask, they're constantly connecting people and creating networks so we can all share information either through them or directly with each other."

Commercial Awareness "The raw knowledge of the law that they have is incredible. The law is always changing and they're very certain about what is current and real, and that helps them empower clients to make the right decisions."

KEY INDIVIDUALS Happy clients describe Robert Smith as "a tremendous resource," adding that "he is knowledgeable and responsive." He specializes in captive market development opportunities and sources note his high level of technical knowledge, particularly in disclosure documentation regulation.