Franchising: Nationwide

THE FIRM DLA Piper is widely considered the leading firm for franchising and distribution in the USA, as a result of its unrivaled depth and breadth of practice. The team of 30 lawyers boasts extensive domestic and international expertise covering the spectrum of franchise litigation and transactional matters. It represents some of the world's largest franchisors from a diverse range of industries including retail, restaurant, life sciences and financial services. The group has handled a number of complex transactions for Roark Capital Group, advising on the purchase of Arby's Restaurant Group and assisting with the acquisition of the Corner Bakery Cafe brand and franchise system. Notable contentious matters include representing 7-Eleven in a dispute relating to breach of contract, trademark infringement and fraud claims.

Sources say: "The grandfathers of franchising law - they are premier franchise attorneys." "A formidable collection of lawyers." 

KEY INDIVIDUALS Philip Zeidman is a respected and prominent figure in franchising, both in the USA and internationally. Peers are "amazed at his energy" and clients praise his responsiveness and timely communication.

Department chair Dennis Wieczorek is singled out as "a fantastic lawyer who is very skilled." He recently acted as franchise counsel to Sonic Drive-In with respect to a multimillion-dollar securitization transaction. 

Michael Brennan is highlighted as a "class act - a very fine lawyer with great technical expertise." He regularly advises clients on international franchise programs and distribution networks.

Bret Lowell stands out for his experience with respect to international franchise transactions. He recently represented Destination Maternity in its expansion into South Korea.

Joseph Sheyka also handles a significant number of international transactions. "He is a very solid practitioner," say sources.

Stuart Hershman earns praise for his client-focused approach. He is noted for his expertise in structuring franchise programs, as well as handling distribution agreements and disclosure matters.

Erik Wulff represents major companies from the hotel, real estate and food service sectors in a variety of matters including distribution systems and franchise agreements. "He's a wonderful attorney," commentators note.

The up-and-coming Richard Morey is an increasingly active member of the team. He has significant experience representing franchisors in M&A transactions, and recently advised Hyatt Hotels on a joint venture development.

Tao Xu is noted for his strength in international franchising, and regularly assists US clients with their expansion into Chinese markets. "He's a very solid player," peers agree.

THE FIRM This franchise practice group is establishing an increasing presence in several new locations, including Chicago and Washington, DC, following the January 2012 merger of Faegre & Benson and Baker Daniels. The team is active in all aspects of franchising, including litigation, international transactions and IP. Notable matters include serving as national trial counsel to Jani-King International in a series of cases concerning consumer fraud and breach of contract claims brought by franchisees. The group also represented Buffalo Wild Wings in a case involving post-termination obligations.

Client Service "They're more like my partners than outside lawyers and they really make the effort to understand our niche." "They are top-notch - we hired them for a major case and they performed beyond our expectations." "Tremendous service."

Commercial Awareness "The team is always available for consultations and readily performs research on entering new markets." "The firm is well connected around the world and can quickly get us the market intelligence and almost instant access to local counsel wherever we may have that requirement."

KEY INDIVIDUALS William Killion is an "extremely effective litigator" with extensive experience handling class actions, antitrust cases and termination disputes. Clients comment that "he knows franchising law inside and out" while one peer added: "Bill is one of the best people I've ever worked with."

Department head Kevin Hein is an expert in franchise issues relating to the restaurant, retail and healthcare industries. Clients are effusive in their praise for him, claiming: "I can't speak highly enough of Kevin. He's a dynamo and he has a wonderful way of approaching people; he is a very caring individual and a great lawyer."

International franchise lawyer Jeffrey Brimer is valued for his in-house experience, with sources reporting that he is "very diligent and professional in his performance." He represents Johnny Rockets Licensing in many of its franchising activities both in the USA and abroad. 

Kerry Bundy was lead trial counsel for Jani-King International and Buffalo Wild Wings. "She is a very impressive litigator," sources say.

THE FIRM This group maintains a significant presence in the franchising field. The team is revered for its litigation work, offering expertise in noncompete issues, trademark infringement, antitrust claims, vicarious liability and class action defense. Recent highlights include acting for Radisson Hotels International in a case involving fee recovery and liquidated damages. Noncontentious highlights include advising Dairy Queen Corporate Stores on its sale of 58 corporate restaurants and working with ABRA on a private equity transaction involving Palladium Equity Partners. The group's portfolio of major franchisor clients also includes Dunkin' Brands, Realogy and The ServiceMaster Company.

Client Service "An outstanding group of attorneys." "They are always focused on what is best for the client." 

Commercial Awareness "They have a very good understanding of their clients' businesses."

KEY INDIVIDUALS Peter Klarfeld is "a very effective and excellent trial lawyer" who is "very smart and very low-key but aggressive when he needs to be." He successfully acted for quick-service restaurant franchisor Hardee's in litigation concerning franchisee objections to changes made to the brand.

Gaylen Knack is rated for his extensive transactional practice. Clients are impressed with his expertise and value his problem-solving skills.

Max Schott advises on the structuring of franchise programs, both in the USA and internationally. Peers enthuse: "He is a lawyer's lawyer and I have a lot of respect for him. He knows the regulations codes and can cite chapter and verse from any statute."

Eric Yaffe is commended for his broad litigation practice, with experience covering white-collar defense and healthcare disputes in addition to franchise and distribution cases.

Carl Zwisler is an expert in international franchising, assisting companies with joint venture agreements, licensing arrangements and M&A transactions.

Liz Dillon's domestic and international franchise practice covers disclosure documents, franchise agreements and expansion programs.

Since publication, the "very sophisticated and impressive" Jan Gilbert has joined the team from Haynes and Boone. He is highly regarded for his technical skills. He assists franchisors and franchisees with a variety of issues, including terminations and renewals, distribution matters and disclosure documentation.  

THE FIRM This full-service department is renowned for its franchise litigation and transactional work, with an increasing focus on international franchise development in emerging markets. It also has considerable experience in product distribution, and recently advised Tempur-Pedic International on the restructuring of its supply chain agreements. The team has significant depth of experience in the restaurant and food service industry, with notable expertise in the area of food safety. Key clients include TGI Fridays, Krispy Kreme and Outback Steakhouse International.

KEY INDIVIDUALS Joyce Mazero earns widespread praise from peers, who describe her as "a wonderful business lawyer" and note the significant impact she has had in the field. "She is a long-standing force in franchising," say sources. She has significant experience advising on strategic franchise development and expansion arrangements. She and Deborah Coldwell make "a well-respected leadership team," according to interviewees. An "outstanding trial lawyer," Coldwell successfully defended Curves International against claims brought by a former master franchisee.

The up-and-coming Robert Lauer concentrates on international transactions. "He is an outstanding lawyer," sources say.

THE FIRM This firm is highlighted for its skill in structuring franchise programs and assisting companies with expansion strategies into new markets. Other areas of expertise include the preparation of franchise agreements and disclosure documents, advertising program issues and franchise renewals. On the contentious side, the team is highly experienced in handling cases involving antitrust, trademark infringement, franchisee termination and insolvency issues. The group works with a number of major companies from the quick-service restaurant and hospitality industries, including Burger King, Dunkin' Brands and Wyndham Hotels.

Sources say: "They are extremely well placed to handle a wide spectrum of franchisor matters - they are certainly a leader in the field." "Nixon Peabody is among the best - they have the ability to address any issue relating to the franchise relationship." 

KEY INDIVIDUALS Arthur Pressman is considered a "fine franchise litigator." Clients seek his expertise for significant matters, saying that "he's the go-to guy - he gets things done efficiently, he's very knowledgeable and his client service is great." His clients include American Express and Fantastic Sams.

The highly rated Andrew Loewinger focuses on regulatory and transactional matters. He has notable experience with respect to international franchise expansion, with peers noting that "he has done an excellent job in the international arena."

Craig Tractenberg is regarded as a "leading bankruptcy franchise lawyer." He is noted for his broad practice which encompasses termination litigation, trade secret cases and franchise systems acquisitions.

Steven Feirman "has a good package of skills - he has a wealth of experience in antitrust issues while being a great franchise regulatory lawyer." He advises on international franchising strategy, licensing issues and antitrust compliance.

THE FIRM This firm is best known for its franchise litigation practice, with extensive experience in a range of areas including class actions and antitrust claims. The team recently represented childcare franchise company Goddard Systems in litigation involving vicarious liability and employment issues. The department is also becoming increasingly visible for its transactional work. It was recently selected as international franchise counsel to Magnolia Bakery International and has been assisting the company with its growth program throughout the Middle East. The group's impressive client list includes major companies from the hospitality, automotive, quick-service restaurant and retail industries.

Client Service "They are professional, competent and a pleasure to work with. They are wonderful to deal with on so many levels."

KEY INDIVIDUALS Edward Wood Dunham is widely regarded as a leading figure in franchising. He is best known for his representation of the Subway franchise system, and for his expertise in handling class actions, disputes with franchisees and antitrust cases. "He is in an excellent position to provide counsel on any topic that arises," clients enthuse. One peer added: "He is a great guy - he has been a very important lawyer for that firm."

Litigation partner Bethany Appleby has an increasingly high profile in the franchise field. Clients are impressed by "her legal strategy, depth of knowledge and willingness to collaborate." She cochairs the practice with Dean Fournaris, whose expertise covers both transactions and litigation. Clients appreciate his "sage advice" and note that "he always tries to resolve issues through settlement to avoid hefty legal bills, but if we need to go to court he is a bulldog." He has considerable knowledge in the area of restaurant franchise systems.

THE FIRM This team enjoys a strong reputation in the franchising world, assisting domestic clients with their international expansion plans, as well as international clients with their franchising activities in the USA. The team is highly regarded for its involvement in sophisticated multiunit transactions, and for its work involving trademark matters and licensing arrangements. The group advises startup, midsized and established franchise systems, and its impressive portfolio of clients includes significant companies in the food service, hotel and retail industries.

Client Service "They are extremely knowledgeable, very well known in the market and we get great service from them." "They understand the intricacies of our business."

KEY INDIVIDUALS Ann Hurwitz is "a standout attorney" who is praised for her transactional and regulatory practice. She advises food and beverage, hotel and car rental franchise systems on international expansion strategies, the structuring and restructuring of franchise programs, and licensing issues.

Will Woods impresses with his sophisticated international transactions practice. He is particularly active in representing US businesses in their franchised expansion into international markets.

THE FIRM This team is noted for the breadth of its talent and skill in handling franchise litigation and transactions. The firm's recent mergers in Atlanta and Denver have deepened the franchise practice and extended its reach across the USA. The strong transactional group assists clients with international franchise expansion in the Middle East, Australia, Asia and Europe. On the contentious side, the team is well regarded for its sophisticated class actions work. Clients include significant franchisors relating to the fitness chain, restaurant, healthcare and retail industries.

Sources say: "A-list lawyers - I would refer work to them." 

KEY INDIVIDUALS Jonathan Solish is a "skilled franchise practitioner"  with a leading reputation for handling franchise class actions and representing hotel and car rental franchisors in litigation. Peers are effusive in their praise for him, highlighting his "wide breadth of knowledge" and describing him as "a shining light at the firm." His clients include Hilton Hotels and Avis.

Kenneth Costello is described as "one of the best transactional lawyers around." He advises on the international expansion of franchise systems, with additional expertise in IP, regulatory compliance and licensing issues.

THE FIRM Foley & Lardner receives widespread praise for its nationwide franchise litigation practice. The team is involved in a number of high-profile 'bet the company' cases, and is noted for its expertise in litigation involving trademarks, termination, vicarious liability and misrepresentation claims. It also assists franchisors and manufacturers with the rebranding and consolidation of their distribution systems. In addition, the department is experienced in handling automotive, vehicle and forklift dealer matters. Notable cases include representing Nacco Materials Handling Group in disputes with dealers in Louisiana and New York.

KEY INDIVIDUALS Michael Lockerby is widely acknowledged for his skill as a franchise litigator. His expertise covers trademark matters, franchise disclosure issues and license negotiations, and he is also commended for his IP and antitrust specialties.

Mary Leslie Smith also has a fine reputation as a litigator in this field. She represents franchisors in disputes with franchisees, and is involved in cases concerning trade secrets and vicarious liability.

THE FIRM This group covers a range of transactional and litigation matters. Its highly regarded transactions practice encompasses both inbound and outbound franchised expansion; on the contentious side, the team handles class actions for large corporations and cases involving antitrust and breach of contract issues. It has substantial experience representing oil companies such as BP and Shell. Other notable clients include Jenny Craig Franchising, Engel & Völkers U.S. Holdings and Value Place Franchise Services.

Commercial Awareness "Their strength is their concern for meeting your business needs and not giving you a template franchise agreement process."

KEY INDIVIDUALS John Baer earns widespread praise from peers and clients alike, with sources noting his "tremendous skill" and one lawyer describing him as "the man to call in franchising - a big force worldwide." He is regarded for his expertise in both domestic and international transactions and disclosure issues.

Leonard Vines represents both franchisors and franchisees and is highly experienced in structuring franchise programs, handling franchisee disputes and advising clients with regard to franchise terminations. Interviewees consider him to be "one of the most seasoned franchise attorneys in the business. He is proactive and forward-thinking, focusing on problem avoidance, not problem resolution."

Peers regard Beata Krakus as "a lawyer of the future" and clients praise her "impressive level of business acumen." She is involved in domestic and international franchise transactions, and is commended for her handling of disclosure documents, distribution matters and franchise agreements.

THE FIRM This team is highly regarded for its representation of established multiunit franchisors, startups and private equity franchise owners, both in transactions and litigation. It handles complex multiparty litigation, and also assists with registration, disclosure and program structuring issues. The group has notable experience working with franchisors from the quick-service restaurant, fitness, retail and hotel industries, including A&W Restaurants and Yum! Brands.

Sources say: "If I had a franchise problem I couldn't handle, I would go to Larkin Hoffman. I think the world of them and they would be at the top of my list."

KEY INDIVIDUALS Joseph Fittante is "very well respected and has a high profile" in this area, sources agree. He currently serves as the chair of the ABA's franchising forum. "He is a fine attorney," peers comment.

Charles Modell is "a really excellent technician in crafting franchise disclosure documents and counseling his clients." Peers describe him as "extremely experienced, very strong in his opinions and very well reasoned."

THE FIRM This franchising boutique comprises a number of highly specialized lawyers who receive strong praise for their considerable knowledge of franchising law. The team handles international transactions, regulatory compliance and litigation, with expertise covering franchisee renewals and terminations, bankruptcy, franchise buy-backs and licensing arrangements. The firm is also renowned for its technology expertise, assisting clients with website issues, technology licensing and domain name trademark protection. The team works with a variety of clients from startups to established franchisors, and occasionally franchisees in non-litigation matters.

Sources say: "A young, vibrant firm - they are fantastic." "The premier boutique franchisor firm in the country." 

KEY INDIVIDUALS Sources are effusive in their praise for Lee Plave, describing him as "a very impressive and talented lawyer." Interviewees note: "He is very knowledgeable and on the cutting edge of the technology side of things." One peer added: "He is a wonderful franchise attorney and a great character - I can't say enough good things about him."

David Koch is also very well respected in the franchising space. His experience spans the hotel, retail and insurance industries, where he is recognized for his expertise in supply chain issues and licensing.

Leslie Curran is a "very effective counselor and analyst of franchise issues." Her practice covers a wide range of matters, including terminations and renewals, international expansion, franchise agreements and IP.

THE FIRM This department offers a range of services, including regulatory compliance, franchise disclosure documents (FDD), the structuring of franchise programs and acquisition advice. In litigation, the practice group has considerable experience representing franchisors in termination, antitrust and noncompete cases. On the transactional side, the team represents private equity firms in their acquisitions of franchisors. The group also handles IP matters, and recently advised Pak Mail Centers of America on enforcement actions concerning trademark infringement. Other notable clients include Anthony's Pizza & Pasta International, Homewatch International and Rocky Mountain Chocolate Factories.

Sources say: "They are an incredible asset to our organization - they are an extension of our staff."

KEY INDIVIDUALS Kim McCullough is very well regarded on the transactional side. One client enthused: "She is one of the sharpest franchise attorneys in the country."

THE FIRM This firm excels in domestic and international transactions and litigation, and is commended for its extensive experience representing franchisors and master franchisees from the restaurant and retail sectors. In addition to advising clients on the structuring of franchise programs and international expansion strategies, the firm also handles franchise agreements, FDDs, registration and renewals. The litigators are noted for their strategic and tactical skills and for their sophisticated class actions work.

Client Service "The firm treats you like you are important no matter how small your business is." "I love working with them - they're fantastic. They're honest, always available and very timely."

Commercial Awareness "They have great commercial insight." "They are very business-oriented and they look for ways to save us money."

KEY INDIVIDUALS Fredric Cohen is a "tenacious character in litigation." Sources highly value his astute business sense, saying that "his advice is very important, not just in terms of winning cases but also in terms of how a particular decision will affect our business operations after the case has been decided and long after it has concluded."

Amy Cheng is well known for her transactional and disclosure work, and impresses clients with her skills and approach. One interviewee enthused: "She is an excellent educator and takes time to explain the reasoning behind her thought processes and decisions." Another client added: "She helps me learn a tremendous amount so that I'm better at what I do."

THE FIRM This group advises national franchisor clients from a number of sectors, including the hotel, food service and automotive industries. The team provides litigation and counseling services, and is noted for its considerable experience in pre-litigation counseling, arbitrations and appeals. Recent highlights include acting for Avis Budget Group in a cybersquatting case against a former licensee, and advising Hyundai on objections to the expansion of its dealer network. Other notable clients include McDonald’s and Komatsu America.

KEY INDIVIDUALS Dennis LaFiura is a highly rated litigator with extensive experience in franchise matters relating to the hotel, car rental and automotive industries. He continues to represent long-standing client Wyndham Worldwide and its subsidiaries in disputes with franchisees concerning wrongful termination and trademark infringement claims. 

THE FIRM This boutique firm is singled out for the depth of its franchise practice. Based in New York, its expertise covers a range of areas including the structuring of franchise programs, the preparation of franchise agreements and disclosure documents, litigation and transactions. The team represents significant companies from the hospitality and restaurant sectors, with an impressive client roster featuring Wyndham Worldwide, Hilton Hotels and Yum! Brands.

KEY INDIVIDUALS David Kaufmann is "an outstanding communicator, provides practical advice and truly understands our industry," say interviewees.

David Oppenheim is also regarded as a key member of the department. He advises on a broad range of matters including franchise disputes, M&A transactions, registration and franchise agreements.

THE FIRM This firm's expertise in the franchise domain covers regulatory compliance, litigation and transactions. IP is a particular area of focus, and the team advises on patent, trademark and copyright franchising matters. It also regularly represents franchisors in disputes concerning breach of contract and post-termination infringement claims. On the noncontentious side, recent highlights include advising private equity funds on the acquisition of franchise systems, and assisting a number of Australian franchisors with their expansion into US markets.

Sources say: "Kilpatrick understands my need for quick, practical answers."

KEY INDIVIDUALS Rupert Barkoff is considered "a leading light" in the field, described as "one of the great philosophers of franchising." One client reports: "Working with him on crafting, drafting and revising a lengthy document is akin to watching a world-class artist at work - it's a joy." His practice encompasses registration and structuring matters relating to franchise systems.

THE FIRM This firm's franchise litigation practice is national and international in scope, encompassing misrepresentation claims, franchisee termination cases and trademark matters. The group is also active in regulatory work, advising clients with regard to preparing FDDs, structuring franchise programs and handling registration issues. Notable matters include defending Kahala Corporation (Cold Stone Creamery) against breach of contract, franchisor misrepresentation and wrongful termination claims brought by a former franchisee.

Client Service "They are very responsive and provide phenomenal communication and great client service."

KEY INDIVIDUALS The highly rated Susan Grueneberg is described by one interviewee as "one of the most outstanding franchise lawyers in the USA." She is noted by peers for her regulatory expertise.

THE FIRM This group offers a wide range of services to both startup and established franchise systems, such as structuring franchise programs, preparing FDDs and representing franchisors in litigation. The practice is becoming increasingly international in scope, and recent highlights saw the team act for Carl Karcher Enterprises on transactions in several jurisdictions including New Zealand, China, Morocco and Brazil. Other notable work includes acting for Salsarita's Franchising in a breach of contract dispute with a terminated franchisee. 

Sources say: "They're basically my right arm when it comes to our franchise work outside the USA."

KEY INDIVIDUALS Robert Smith "has a tremendous amount of experience and has a great business mind. The value he brings to our company is extraordinary," say sources. Clients appreciate that "he makes himself available - it almost feels like he's our in-house counsel and he's in the office down the hall."