April 2011 39
2011’s class takes flight
congratulations to this year’s legal eagles™
To make this list, attorneys are nominated by their peers and clients, plus meet the criteria of the FT editorial panel. Legal Eagles™ are the attorneys you’ll find speaking at industry events and legal symposiums, winning court cases and writing seamless
contracts and documents. Turn the page to meet our best of the best.
2011 2011
40 April 2011
Legal Eagles™
Over the years, we’ve discovered our Legal Eagles really do resemble the majestic bird we’ve come to associate them with.
For instance, according to Wikipedia, the free encyclopedia (don’t judge our resources, some of us can’t bill by the hour), there are more than 60 species of eagles, including Golden Eagles and Bald Eagles.
Franchise Times’ list may only have two species represented—litigators and transac-tional—but we have multitude Golden Eagles, those whose hourly rates exceeds the deficit of developing countries, and Bald Eagles, who have been practicing law longer than there’s been franchise law. We also have hunted down several Canadian Eagles, a northern variety known to fly into the U.S. for legal events and client meetings— in addition to dealing with Canadian law and free healthcare.
And while another similarity is that the Legal Eagles habitats tend to be at the top of
tall buildings, that’s as far as we’re willing to take the analogy.
A feather in one’s capOK, now that we’ve had a little fun with our
lawyers, the reality is that our list represents the movers and shakers of the franchise bar—and we’re talking about the professional association, not the watering hole where Legal Eagles are sometimes drawn to after professional dinners.
Twenty years ago, you would have been hard-pressed to find a “franchise attorney.” Franchising was still in its so-called infancy, and many of the attorneys were called over from their law school-trained specialties to help franchisor clients.
Franchising is a complicated way of doing business, and law firms need highly skilled professionals to do the work. Today, good attor-neys don’t just need to know the law, they need to know business—here, and in some cases,
abroad. Who knew 20 years ago, or even 10, that
franchise agreements would need to deal with social media issues or make adjustments for franchisees who were larger than the franchi-sor?
The American Bar Association Forum on Franchising stepped up to supply the education and the peer-to-peer relationship building every professional needs. The International Franchise Association also hosts an annual legal sympo-sium to help keep attorneys informed of the latest cases and best practices.
While not every franchise lawyer belongs to the Forum on Franchising, it currently boasts 2,056 members. That number has steadily grown since its creation in 1976, according to the Forum’s liaison Kelly Rodenberg.
More than 753 members attended the annual legal symposium in San Diego in 2010, and more than 800 are expected at this October’s Forum in Baltimore, Rodenberg said.
About 200, or 10 percent, of the ABA Forum’s members are in-house counsels. And as one can imagine, that 10 percent never has an empty dance card at franchise gatherings.
The Forum on Franchising may be one of the smallest segments in the ABA, but the pro-grams draw significantly higher percentage of
What makes a lawyer a Legal Eagle?Glad you asked...When Franchise Times chose the moniker, Legal Eagles in April 2004, we didn’t select it because “legal” and “eagle” rhymed. Although that was a bonus. Our first choice was “Super Lawyers,” but, alas, another publication had already laid claim to that name. But we soon found that Legal Eagles perfectly reflects who is on the list. In fact, we are so confident of the name’s value that we had it trademarked—a move we’re sure trademark attorneys on our list applaud.
Legal Eagle continued on 55
Practice Areas:
2011 2011
Akerman Senterfitt LLP
Michaele (Shelley) Weatherbie8100 Boone Boulevard, Suite 700Vienna, VA 22182Phone: 703-761-2745E-mail: [email protected]
Recognized by International Who’s Who of Franchise Lawyers, Shelley Weatherbie has 20 years’ experience representing franchisors, from start-ups to mature systems, in a variety of industries. As Co-chair of the Franchise & Licensing Practice, she draws from her unique combination of experience as general counsel and private practitioner to proactively counsel franchisors on domestic and international franchise issues.
Michaele (Shelley) Weatherbie
• Franchise & Licensing
• International Franchising
Practice Areas:
2011 2011
Akerman Senterfitt LLP
Warren Lee Lewis8100 Boone Boulevard, Suite 700Vienna, VA 22182Phone: 703-761-2740E-mail: [email protected]
Whether you are starting a franchise or managing a mature franchise system, Warren has the seasoned judgment that you can use to achieve your goals and avoid costly mistakes. With over 25 years of experience in franchising, Warren has been recognized as a top franchise lawyer by International Who’s Who of Franchise Lawyers, Best Lawyers in America, Super Lawyers, and the Capital Area Franchise Association.
Warren Lee Lewis
• Franchise & Licensing
• International Franchising
April 2011 41
Legal Eagles™
2011 Us legal eagles™ 2011 2011
Name firm location specialty Represents
Lee Abrams Mayer Brown Chicago, IL Litigation Both
Michael Ackerman Paris Ackerman & Schmierer Roseland, NJ Transactional Both
Bethany Appleby Wiggin & Dana New Haven, CT Litigation Franchisors
David T. Azrin Gallet Dreyer & Berkey New York, NY Litigation Both
John Baer Greensfelder Chicago, IL Transactional Franchisors
Rupert Barkoff Kilpatrick Stockton Atlanta, GA Transactional Both
John Berg Monroe Moxness Berg Minneapolis, MN Transactional Both
David Beyer Quarles & Brady Tampa, FL Transactional Franchisors
W. Barry Blum Genovese Joblove & Battista Miami, FL Litigation Franchisors
A WINNINGCOMBINATION
Dennis E. Wieczorek, 203 North LaSalle Street, Suite 1900, Chicago, IL 60601 | DLA Piper LLP (US) is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. Further details of these entities can be found at www.dlapiper.com. | © 2011 DLA Piper | Attorney Advertising
www.dlapiper.com | DLA Piper LLP (US)
Whether you are just starting a franchise program or have thousands of franchises around the world, our lawyers
throughout Asia, Europe, the Middle East and the US can help as you establish, solidify and grow your enterprise locally, regionally
and globally. Perhaps that’s why we have more “Legal Eagles” than any other law firm. We salute them all.
We are honored to have also been named by:•Who’sWhoLegalas Franchise Law Firm of the Year 2010•ChambersUSA2010 as a Tier 1-Ranked Franchise Law Firm
When it matters to our clients, it matters to us. Learn more at www.dlapiper.com/franchise.
42 April 2011
Legal Eagles™
Name firm location specialty Represents
Michael Brennan DLA Piper Chicago, IL Transactional Franchisors
Jeff Brimer Faegre & Benson Denver, CO Transactional Franchisors
Mary Beth Brody Faegre & Benson Minneapolis, MN Transactional Franchisors
Timothy Bryant Preti Flaherty Portland, OR Transactional/Litigation
Franchisors
Joel Buckberg Baker Donelson Nashville, TN Transactional/Regulatory Compliance
Franchisors
Kerry Bundy Faegre & Benson Minneapolis, MN Litigation Franchisors
Arthur Cantor Gray Plant Mooty Washington, D.C. Litigation Franchisors
Carmen Caruso Caruso Kaplan Chicago, IL Litigation Both
Amy Cheng Cheng Cohen Chicago, IL Transactional Franchisors
Harris Chernow Chernow Katz Philadelphia, PA Transactional Both
Jon Christiansen Foley & Lardner Milwaukee, WI Litigation Franchisors
Fredric Cohen Cheng Cohen Chicago, IL Litigation Franchisors
Deborah S. Coldwell Haynes and Boone Dallas, TX Litigation Franchisors
Kenneth R. Costello Bryan Cave Santa Monica, CA Transactional Franchisors
Leslie Curran Plave Koch Reston, VA Transactional Franchisors
Practice Areas:
2011 2011
Kim McCullough
• Franchise & Distribution
• Mergers & Acquisitions/ Private Equity
Ballard Spahr LLPKim McCulloughDenver, Colorado Office Suite 23001225 17th StreetDenver, CO 80202-5596Phone: 303-299-7318E-mail: [email protected]
Kim McCullough, partner in the Franchise and Distribution Group, has more than 25 years’ experience advising franchisors on franchise registration and disclosure laws, franchisor-franchisee relations, international expansion, mergers and acquisitions, general business matters, and trademark issues. She represents franchisors operating domestically and internationally within a variety of market segments, including restaurant, automotive aftermarket, professional services, retail consumer products, real estate, and business-to-business services. Ballard Spahr has 13 offices across the United States.
Practice Areas:
2011 2011
Carmen D. Caruso
• Trials & Appeals• Franchise,
Dealership & Distribution Law
• International Arbitration
• General Business & IP Litigation for franchising clients
Caruso Kaplan LLCCarmen D. Caruso 77 West Wacker Drive Suite 4800 Chicago, Illinois 60601 Phone: 312-606-8640 Direct: 312-606-8706Fax: 312-276-8646 E-mail: [email protected] www.carusokaplan.comwww.cdcaruso.com Carmen Caruso, a founding partner of Caruso Kaplan LLC, enjoys a
unique vantage point among trial lawyers in the franchise and dealership field, having successfully represented both franchisors and franchisees for 27 years.
Carmen and his partner Dan Kaplan have a successful track record in cases that have system-wide impact and which can threaten the existence of the brand. They have experience with more than 200 branded systems in a wide variety of industries, including health care, retail, restaurants, hotels, petroleum marketing, automobile, and franchised manufacturing. They have recovered millions of dollars for plaintiffs while saving as much for defendants.
In addition to repeatedly being a Legal Eagle, Carmen is also an Illinois Super Lawyer and Illinois Leading Lawyer, and a member of the Bar Register of Preeminent Attorneys.
April 2011 43
Legal Eagles™
Name firm location specialty Represents
J. Michael Dady Dady & Gardner Minneapolis, MN Litigation Franchisees
John Dienelt DLA Piper Washington, D.C. Litigation Franchisors
Elizabeth Dillon Gray Plant Mooty Minneapolis, MN Transactional Franchisors
Edward Wood “Jack” Dunham Wiggin & Dana New Haven, CT Litigation Franchisors
Gary Duvall Dorsey & Whitney Seattle, WA Transactional Franchisors
Michael Einbinder Einbinder & Dunn New York, NY Litigation Both
Robert Einhorn Zarco, Einhorn, Salkowski & Brito
Miami, FL Litigation Franchisees
Randy Evans Monroe Moxness Berg Minneapolis, MN Transactional Both
Marisa Faunce Plave Koch Reston, VA Transactional Franchisors
Steven Feirman Nixon Peabody Washington, D.C. Transactional Franchisors
Lane Fisher FisherZucker Philadelphia, PA Transactional Franchisors
Joseph Fittante Larkin Hoffman Minneapolis, MN Transactional Franchisors
John Fitzgerald Gray Plant Mooty Minneapolis, MN Transactional Franchisors
Dean T. Fournaris Wiggin & Dana Philadelphia, PA Transactional/Litigation
Franchisors
Ronald Gardner Jr. Dady & Gardner Minneapolis, MN Litigation Franchisees
W. Michael Garner W. Michael Garner Minneapolis, MN Litigation Franchisees
Practice Areas:
2011 2011
Larry Weinberg
• Franchise• Intellectual
Property & Trademarks
• Licensing and Distribution
Cassels Brock & Blackwell LLP
Larry WeinbergScotia Plaza40 King Street West, Suite 2100Toronto, Ontario M5H 3C2Phone: 416-860-2987Fax: 416-640-3043E-mail: [email protected]
A RECORD OF SUCCESS
Larry Weinberg has a reputation for excellence in Canadian franchise law, representing local, national and international companies regarding their Canadian franchise law needs. He is recognized as a leading franchise lawyer by the Canadian Legal Lexpert Directory and Best Lawyers in Canada, and has been a frequent speaker and author for the IFA, Canadian Franchise Association, International Bar Association and the ABA Forum on Franchising. Larry was the first Canadian chosen as Director of the ABA Forum on Franchising’s International Division, co-edited their book entitled Fundamentals of Franchising-Canada, and was the co-chair of the ABA’s 2009 Forum on Franchising annual conference.
Practice Areas:
2011 2011
Harris J. Chernow
• Franchise/Distribution
• Dispute Resolution• General Business• Intellectual
Property
• Real Estate/Leasing
Chernow Kapustin, LLC
Harris J. Chernow, Esquire721 Dresher Road - Suite 1100Horsham (Philadelphia Area), PA 19044Phone: 215-659-3600 ext. 102Fax: 215-659-3222E-mail: [email protected] in PA, NJ, MD and SCProviding comprehensive, practical, solution-oriented franchise and
business legal advice, Harris’s national franchise practice represents leaders in franchising and retail distribution, including franchisors, single and multi-unit franchise owners, area developers, master franchisees, franchisee associations, distributors and business owners desiring to expand through franchising and distribution systems.
The firm also provides its franchise clients with general business, commercial and franchise litigation, real estate and leasing, PMPA, intellectual property (i.e. trademarks, licensing and e-commerce), employment, financial services, day-to-day counseling and dispute resolution services, including mediation and arbitration matters.
Harris serves on various franchise committees, including the ABA Forum on Franchising Governing Committee, IFA, Montgomery County, Pennsylvania and New Jersey Franchise Law Committees; and is a frequent speaker on franchise and business related topics.
44 April 2011
Name firm location specialty Represents
Ron Giller Gordon & Reese Morristown, NJ Litigation Franchisors
Michael Gray Gray Plant Mooty Minneapolis, MN Litigation Franchisors
Nina Greene Genovese Joblove & Battista Miami, FL Litigation Franchisors
Susan Grueneberg Snell & Wilmer Los Angeles, CA Transactional Franchisors
Jeffery Haff Dady & Gardner Minneapolis, MN Both Franchisees
Legal Eagles™
Practice Areas:
2011 2011
Davis LLPJohn L. Rogers1 First Canadian Place, Suite 6000PO Box 367100 King Street WestToronto, ON, Canada M5X 1E2Phone: 416-941-5399Fax: 416-777-7438E-mail: [email protected] Rogers is a partner of Davis LLP. He chairs Davis’ National
Franchise & Distribution Group. He has particular expertise in the preparation of a wide range of contracts required by various commercial enterprises, especially ones that are active in the fields of franchising, licensing or distribution. His practice takes him throughout North America.
Mr. Rogers has just completed a four year term as General Counsel, Director and Secretary of the Canadian Franchise Association. He is a recommended Franchise lawyer by the International Who’s Who of Business Lawyers and is recognized as “consistently recommended” in Franchising by Lexpert legal directory.
Davis LLP is a leading Canadian full-service law firm with more than 240 lawyers in seven offices across Canada plus one in Japan.
John L. Rogers
• Franchise & Distribution
• Intellectual Property
• International Business Transactions
Practice Areas:
2011 2011
Michael Einbinder
• Franchise Law• Litigation and
Arbitration• Business Law• Real Estate Law
Einbinder & Dunn, LLP
Michael Einbinder104 West 40th StreetNew York, NY 10018Phone: 212-391-9500Fax: 212-391-9025E-mail: [email protected]
Michael Einbinder is a founding member of Einbinder & Dunn. He is a member of the American Bar Association Forum on Franchising, the International Franchise Association, and other prominent franchise organizations, as well as a frequent speaker at leading franchise industry events.
Einbinder & Dunn represents start-up and established franchisors in franchise development and regulatory compliance. In addition, E&D represents multi-unit and single unit franchisees in transactional and real estate matters of all kinds. The firm also handles litigation, arbitration, and mediation nationwide for both franchisors and franchisees (including associations).
Practice Areas:
2011 2011
Stéphane Teasdale
• Franchise Law• Licensing and
distribution• Intellectual
property
Fraser Milner Casgrain LLP
Stéphane Teasdale1 Place Ville-MarieSuite 3900Montréal (Québec) H3B 4M7 Phone: 514-878-8825Fax: 514-866-2241E-mail: [email protected]éphane Teasdale is a leading practitioner in the area of
commercial law and is internationally renowned for his unique expertise in the area of franchising and distribution. He chairs FMC National Franchise Law Group and is also co-chair of the Montreal Commercial Group. Stéphane has provided legal and strategic counsel to numerous prominent franchise systems over the years, both in transactional and litigation matters. He is actively involved in Canadian, American and international franchise associations and has frequently published and lectured domestically and abroad. He is currently Vice President of the Québec Franchise Council. Stéphane has been recognized repeatedly by The Canadian Legal Lexpert® Directory, The Best Lawyers in Canada 2010 and Who’s Who Legal.
Practice Areas:
2011 2011
David T. Azrin
• Franchise and Distribution
• Intellectual Property
• Employment Law• Litigation
Gallet Dreyer & Berkey LLP
David T. Azrin845 Third Avenue, 8th FloorNew York, NY 10022Phone: 212-935-3131Email: [email protected]
David T. Azrin, a partner at the firm Gallet Dreyer & Berkey LLP, provides dedicated service to his clients on franchising, intellectual property, employment law, litigation, and general business advice matters.
For franchisors, he prepares franchise disclosure documents and agreements, protects their trademarks, provides advice on employment law, and otherwise helps his clients to grow their business.
For franchisees, Mr. Azrin assists prospective franchisees in negotiating the franchise agreement, and represents franchisees in litigation matters.
April 2011 45
Name firm location specialty Represents
Kevin Hein Faegre & Benson Denver, CO Transactional Franchisors
Barry Heller DLA Piper Reston, VA Litigation Franchisors
Stuart Hershman DLA Piper Chicago, IL Transactional Franchisors
Allan Hillman Kern & Hillman New Haven, CT Litigation Franchisors
John Holland Dady & Gardner Minneapolis, MN Litigation Franchisees
Ann Hurwitz Baker Botts Dallas, TX Transactional Franchisors
Scott Husaby Monroe Moxness Berg Minneapolis, MN Transactional Both
Michael Joblove Genovese Joblove & Battista Miami, FL Litigation Franchisors
Keith Kanouse Kanouse & Walker Boca Raton, FL Transactional Both
Eric Karp Witmer, Karp, Warner & Ryan Boston, MA Litigation Franchisees
David Kaufmann Kaufmann, Gildin, Robbins & Oppenheim
New York, NY Transactional/Litigation
Franchisors
Legal Eagles™
21 S. 21st Street | Philadelphia, PA 19103fi sherzucker.com | 215.825.3100
21 S. 21st Street | Philadelphia, PA 19103fi sherzucker.com | 215.825.3100
Since 1995, Fisher Zucker LLC has helped franchisors like Mister Softee protect, strengthen and grow their brands. Today, more than 75 franchise systems rely on the � rm’s ten lawyers for strategic franchise advice to overcome obstacles and grow their businesses. Lane Fisher and Je� Zucker attribute their success to a commitment to old fashioned values — hard work, reliable advice and client loyalty. � e only supplier currently elected to the International Franchise Association’s Board of Directors, Lane has authored more than 30 articles on franchising and participated in more than 60 educational presentations on various franchise related topics. Je� heads the � rm’s litigation group, which handles intellectual property and contract disputes for the � rm’s franchise and business clients. Je� ’s cases have been featured in numerous newspaper articles and on National Public Radio. � e � rm is deeply rooted in the community and is a� liated with multiple charitable causes and institutions. Lane and Je� have been identi� ed as Legal Eagles and SuperLawyers® by their peers since 2004.
Lane Fisher
Jeff Zucker
46 April 2011
Name firm location specialty Represents
Kevin Kennedy Wiggin & Dana New Haven, CT Litigation Franchisors
Harold Kestenbaum Ruskin Moscou Faltischek Uniondale, NY Transactional Franchisors
William Killion Faegre & Benson Minneapolis, MN Litigation Franchisors
Mark Kirsch Plave Koch Reston, VA Transactional Franchisors
Peter J. Klarfeld Gray Plant Mooty Washington, D.C. Litigation Franchisors
Legal Eagles™
Practice Areas:
2011 2011
Harold L. Kestenbaum, P.C.
Harold Kestenbaum1425 RXR PlazaUniondale, NY 11556-1425Phone: 516-745-0099Fax: 516-745-0293E-mail: [email protected]
Harold L. Kestenbaum, P.C. represents franchisors only, both start-up and established, domestically and internationally, providing counsel on all aspects of franchise and distribution law.
Harold presents a unique blend of experience in franchise law, having served as the CEO of a national franchisor, having served on the Board of Directors of a number of nationally and internationally known franchisors, and is the author of how to book, “So You Want To Franchise Your Business”, published by Entrepreneur Press (in its second printing).
Harold Kestenbaum
• Franchise Law
Practice Areas:
2011 2011
Joseph Y. Adler
• Franchise and Distribution
• Cross Border Franchising
• Intellectual Property
• Litigation
Hoffer Adler LLPJoseph Y. Adler425 University Avenue, Suite 300Toronto, Ontario M5G 1T6Phone: 416-977-3444E-mail: [email protected]
Acclaimed by his peers as one of Canada’s leading franchise lawyers, Joseph is counsel to franchisors throughout North America and has acted for numerous US franchise systems that have expanded their systems into Canada. His firm offers counsel on all aspects of franchising, with an emphasis on cross-border franchising. Joseph is an executive and Board member of the Canadian Franchise Association and the Chair of its Legal and Legislative Affairs Committee, an executive member of the OBA Joint Subcommittee on Franchising and an active member of the ABA Forum on Franchising and the IFA. He is also noted as a leading franchise practitioner in various editions of the National Post’s Best Lawyers in Canada (Franchising), Lexpert® Directory and the International Who’s Who of Franchise Lawyers.
Practice Areas:
2011 2011
Peter C. Lagarias
• Franchise and Distribution Law
Lagarias & Boulter, LLP
Peter C. Lagarias1629 Fifth AvenueSan Rafael, CA 94901-1828Phone: 415-460-0100Fax: 415-460-1099E-mail: [email protected]: www.lb-attorneys.com
Peter Lagarias is the founding partner of Lagarias & Boulter, LLP, a leading franchisee law firm in California. He regularly represents franchisees through trials and arbitrations, and he has prevailed on multiple appellate rulings for franchisees. His firm also represents franchisee associations and groups including in class actions.
Lagarias is a distinguished lecturer and writer on franchise law, and is an inaugural certified specialist in franchise and distribution law by the Board of Legal Specialization of the State Bar of California.
Practice Areas:
Michael Ackerman
• Franchise and Distribution
• Commercial Litigation & Transactions
• Alternative Dispute Resolution
• Asset Protection
Paris Ackerman & Schmierer,LLP
Michael Ackerman103 Eisenhower ParkwayRoseland, New Jersey 07068Phone: 973-228-6667Fax: 973-629-1246E-mail: [email protected]
Michael J. Ackerman specializes in complex franchise transactions, focusing on the acquisition and sale of franchise networks throughout the United States. Michael also utilizes his sophisticated tax background to counsel franchisees with respect to asset protection and succession planning. Additionally, Michael advises emerging companies seeking to expand through franchising.
2011 2011
April 2011 47
Name firm location specialty Represents
Gaylen Knack Gray Plant Mooty Minneapolis, MN Transactional Franchisors
David W. Koch Plave Koch Reston, VA Transactional Franchisors
Scott Korzenowski Dady & Gardner Minneapolis, MN Litigation Franchisees
Nancy Lanard Lanard Law Firm Philadelphia, PA Transactional Franchisees
Peter Lagarias Lagarias & Boulter San Rafael, CA Litigation Franchisees
Kim Lambert DLA Piper San Francisco, CA Transactional Franchisors
Warren Lewis Akerman Senterfitt Vienna, VA Transactional Franchisors
Michael K. Lindsey Paul, Hastings, Janofsky & Walker
Los Angeles, CA Transactional Franchisors
Andrew Loewinger Nixon Peabody Washington, D.C. Transactional Franchisors
Bret Lowell DLA Piper Reston, VA Transactional Franchisors
G. Thomas MacIntosh Monroe Moxness Berg Minneapolis, MN Transactional Both
Legal Eagles™
Wiggin and Dana congratulates our Legal Eagles
Bethany Appleby Jack Dunham Dean Fournaris Kevin Kennedy
A t t o r n e y A d v e r t i s i n g
NEW YORK PHILADELPHIA STAMFORD NEW HAVEN HARTFORD www.wiggin.com
Consistent excellence since 1934
For more information, please contact Bethany Appleby at 203.498.4365 or [email protected] or Dean Fournaris at 215.988.8311 or [email protected]
48 April 2011
Name firm location specialty Represents
Joyce Mazero Haynes and Boone Dallas, TX Transactional Both
Kim McCullough Ballard Spahr Anders & Ingersoll
Denver, CO Transactional Franchisors
Charles Miller Bartko Zankel Tarrant & Miller
San Francisco, CA Litigation Franchisors
Charles Modell Larkin Hoffman Minneapolis, MN Transactional Franchisors
Dennis Monroe Monroe Moxness Berg Minneapolis, MN Transactional Both
Paula Morency Schiff Hardin Chicago, IL Litigation Franchisors
Cheryl L. Mullin Mullin Law Richardson, TX Transactional/Litigation
Both
Jason Murray Carlton Fields Miami, FL Litigation Franchisors
David Oppenheim Kaufmann, Gildin, Robbins & Oppenheim
New York, NY Transactional/Litigation
Franchisors
Ryan Palmer Monroe Moxness Berg Minneapolis, MN Transactional Both
David Paris Paris Ackerman & Schmierer Roseland, NJ Litigation Franchisees
Jonathan Perlman Genovese Joblove & Battista Miami, FL Litigation Franchisors
Tom Pitegoff Pitegoff Law Office White Plains, NY Transactional Both
Lee Plave Plave Koch Reston, VA Transactional Franchisors
Arthur Pressman Nixon Peabody Boston, MA Litigation Franchisors
Legal Eagles™
Practice Areas:
David S. Paris, Esq.
• Franchise and Distribution
• Commercial Litigation & Transactions
• Alternative Dispute Resolution
• Asset Protection
Paris Ackerman & Schmierer,LLP
David S. Paris, Esq.103 Eisenhower ParkwayRoseland, New Jersey 07068Phone: 973-228-6667Fax: 973-629-1246E-mail: [email protected]
David S. Paris is a partner with the law firm of Paris Ackerman & Schmierer, LLP. Mr. Paris aggressively represents single and multi-unit franchisees throughout the United States in all aspects of their franchise relationships. Mr. Paris’s practice focuses on franchise litigation and transactions involving the acquisition and sale of franchised units. In addition, Mr. Paris provides counsel to business persons who seek to expand their successful business through franchising, licensing and distribution.
2011 2011
Practice Areas:
2011 2011
Scott P. Weber
• Franchise and Distribution
• Business and Finance
• Intellectual Property
• Government Contracts
Phelps Dunbar LLPScott P. Weber100 South Ashley Drive Suite 1900Tampa, Florida 33602-5311Phone: 813-472-7892Fax: 813-472-7570scott.weber@phelps.comwww.phelpsdunbar.comwww.franchiselegalteam.com
Scott is a partner in the firm’s regional business practice group in the Tampa office and leads the firm’s franchise and distribution practice. He represents start-up and established franchisors, franchisees, business opportunities, distribution systems and multi-level marketing programs, both domestic and international, on a wide range of transactional and litigation matters.
April 2011 49
Legal Eagles™
Name firm location specialty Represents
Rebekah Prince Snell & Wilmer Los Angeles, CA Transactional Both
Kirk Reilly Gray Plant Mooty Minneapolis, MN Litigation Franchisors
Richard Rosen The Richard L. Rosen Law Firm
New York, NY Both Both
Robert Salkowski Zarco, Einhorn, Salkowski & Brito
Miami, FL Litigation Franchisees
Brian Schnell Faegre & Benson Minneapolis, MN Transactional Franchisees
Max Schott II Gray Plant Mooty Minneapolis, MN Transactional Franchisors
Andrew Selden Briggs & Morgan Minneapolis, MN Transactional Both
Joel Siegel SNR Denton Los Angeles, CA Litigation Franchisors
Adam Siegelheim Stark & Stark Lawrenceville, NJ Transactional Franchisors
Peter Silverman Shumaker, Loop & Kendrick Toledo, OH Mediation Both
JOHN BERG RANDY EVANS SCOTT HUSABY TOM MACINTOSH DENNIS MONROE RYAN PALMER JIM WAHL
Congratulations to our attorneys selected as “Legal Eagles” by industry peers and clients. A leader in the franchise community for more than 25 years, Monroe Moxness Berg PA is dedicated to helping you acquire, finance, grow and sell your franchise business. In today’s challenging marketplace, let our focused experience and creative vision move you forward with confidence.
Visit us at MMBLawFirm.com or call 952.885.5999.
50 April 2011
Legal Eagles™
Name firm location specialty Represents
Mary Leslie Smith Foley & Lardner Miami, FL Litigation Franchisors
Jonathan Solish Bryan Cave Santa Monica, CA Transactional/Litigation
Franchisors
Rochelle (Shelley) Spandorf Davis Wright Tremaine Los Angeles, CA Transactional Both
Rachel Stark Stark & Stark Princeton, NJ Litigation Both
John Tifford Plave Koch Reston, VA Transactional Franchisors
Practice Areas:
2011 2011
Tom Pitegoff
• Franchising• General counsel
services
Pitegoff Law Office PLLC
Tom Pitegoff445 Hamilton Avenue Suite 1102White Plains, NY 10601Phone: 914-681-0100Fax: 914-206-6003E-mail: [email protected]
Tom Pitegoff helps companies launch and grow franchise systems. He drafts the documents and provides ongoing counseling in both U.S. and international franchise and licensing transactions. Tom also helps prospective franchisees evaluate franchise offerings and form businesses. For companies outside of the franchise field, Tom provides general counsel services. Tom is an internationally respected authority on franchise law. He is former Chair of the Franchise Committee of the New York State Bar Association’s Business Law Section and a former member of the Governing Committee of the American Bar Association’s Forum on Franchising.
Practice Areas:
2011 2011
Tim Bryant
• Franchise & Distribution Law
• Business Law• Litigation
Preti FlahertyTim BryantOne City CenterPortland, ME 04101Phone: 207-791-3000Fax: 207-791-3111E-mail: [email protected]
Tim Bryant focuses his practice on franchise/business law and litigation. He has assisted numerous start up and existing franchise businesses with their relationship agreements, disclosure/regulatory compliance on a regional, national and international level. He has also successfully prosecuted and defended dozens of cases on behalf of franchisors related to regulatory, intellectual property and business relationship issues. Tim is listed in Woodward-White’s The Best Lawyers in America for his work in the area of franchise law.
Practice Areas:
2011 2011
Richard L. Rosen
• Franchise Law• Business Law• Real Estate Matters• Dispute Resolution
(including Litigation, Arbitration and Mediation)
The Richard L. Rosen Law Firm, PLLC
Richard L. Rosen110 East 59th StreetNew York, NY 10022Tel: 212-644-6644Fax: 212-644-3344E-mail: [email protected] L. Rosen has represented franchisors and franchisees in a wide range
of business and legal matters for over 30 years. Mr. Rosen has formed, guided and counseled franchisee associations as well as franchising entities and has mediated, arbitrated and litigated on their respective behalves when necessary. His franchise clients have encompassed virtually all business areas including the fast food, service, healthcare, fashion, real estate, gas service stations, optical, hotel, recreation, home improvement, childcare, elder care and learning fields. Mr. Rosen has written and lectured extensively on franchise topics and issues. He is a member of the American Bar Association Forum on Franchising, a founding member of the New York Franchising and Licensing Section of the New York State Bar Association, immediate past Chairman of the Fair Franchising Standards Committee of the American Association of Franchisees and Dealers, a member of the Steering Committee of the National Franchise Mediation Program, a member of the CPR Institute for Dispute Resolution Panel of Neutrals, and a member of the International Franchise Association. Richard Rosen is listed in the International Who’s Who of Franchise Lawyers, Who’s Who in America, Who’s Who in American Law, Who’s Who in the World, Best Lawyers in America, Super Lawyers and a variety of similar publications. Richard is a recipient of the AAFD’s Lifetime Achievement Award for his contributions to franchising.
Peter R. Silverman
Practice Areas:• Litigation,
Arbitration and Dispute Resolution
• Mediator• Arbitrator• Counseling
Shumaker, Loop & Kendrick, LLP
Peter R. Silverman1000 Jackson StreetToledo, Ohio 43604-5573Direct: 419-321-1307E-mail: [email protected]
Nationwide, Peter counsels franchisors, franchisees, and franchise associations, and represents them in litigation, arbitration and dispute resolution. He has been an active arbitrator and mediator for over twenty years, and speaks nationally and writes widely on ADR topics, including his ABA book, The Client’s Guide to Mediation and Arbitration.
Shumaker, Loop & Kendrick represents franchisors, franchisees, and franchise associations domestically and internationally in the full range of business transactions, financing, compliance, intellectual property, counseling, and dispute resolution.
2011 2011
April 2011 51
Legal Eagles™
LitigationArbitrationDispute ResolutionMediationNegotiationResults
Recovered over $4 million in damages for franchisees.
Negotiated a new franchise agreement for franchisees of a 250+ unit system.
NNegotiated closures of units in multi-unit franchisees.
Stopped termination while our client sold its muti-unit business.
Call 612-259-4800222 South Ninth Street, Suite 2930 Minneapolis, MN. 55402
www.franchisedealerlaw.com
Representing FranchiseesWe exclusively represent the interests of Franchisees in complex dispute resolution.
In the last few months we have:
Name firm location specialty Represents
Craig R. Tractenberg Nixon Peabody Philadelphia, PA Litigation Franchisors
John Vernon The Vernon Law Group Dallas, TX Transactional Franchisors
Leonard Vines Greensfelder, Hemker & Gale St. Louis, MO Transactional Both
James Wahl Monroe Moxness Berg Minneapolis, MN Transactional Franchisors
Michaele “Shelley” Weatherbie Akerman Senterfitt Vienna, VA Transactional Franchisors
Scott P. Weber Phelps Dunbar Tampa, FL Transactional Both
Elizabeth Weldon Snell & Wilmer Orange County, CA Litigation Both
Gerald C. Wells DLA Piper Atlanta, GA Transactional Franchisors
Susan E. Wells Jaburg & Wilk Phoenix, AZ Transactional Both
William K. Whitner Paul, Hastings, Janofsky & Walker
Atlanta, GA Litigation Franchisors
Dennis Wieczorek DLA Piper Chicago, IL Transactional Franchisors
52 April 2011
Legal Eagles™
Name firm location specialty Represents
Quentin R. Wittrock Gray Plant Mooty Minneapolis, MN Litigation Franchisors
Jeffrey H. Wolf Greenberg Traurig Phoenix, AZ Litigation Franchisors
Erik Wulff DLA Piper Washington, D.C. Transactional Franchisors
Tao Xu DLA Piper Reston, VA Transactional Franchisors
Sarah Yatchak Faegre & Benson Minneapolis, MN Transactional Franchisors
Robert Zarco Zarco, Einhorn, Salkowski & Brito
Miami, FL Litigation Franchisees
Philip Zeidman DLA Piper Washington, D.C. Transactional Franchisors
Jeff Zucker FisherZucker Philadelphia, PA Litigation Franchisors
Carl Zwisler Gray Plant Mooty Washington, D.C. Transactional Franchisors
Practice Areas:
2011 2011
John Sotos
• Franchising and Distribution
• Corporate and Commercial
• Mergers and Acquisitions
• Trade-marks
Sotos LLPJohn SotosSuite 1250 180 Dundas Street West Toronto, Ontario M5G 1Z8 CanadaPhone: 416-977-0007Fax: 416-977-0717E-mail: [email protected]
John is one of the most experienced franchise lawyers in Canada and is the founding partner of Sotos LLP, the largest Franchise Law boutique in the country.
John specializes in domestic and international franchise, licensing, and distribution law with a large national and international client base. He represents franchisors and franchisees in connection with franchise transactions, workouts, defaults, purchases and sales of franchise networks, and master franchising.
John is listed in the Canadian Legal LEXPERT® Directory as a leading franchise practitioner every year since its inception and is listed in the LEXPERT®/American Lawyer Media Guide to the Leading 500 Lawyers in Canada, The International Who’s Who of Business Lawyers, and An International Who’s Who of Franchise Lawyers.
A lawyer’s time and advice are his stock in trade.
—Abraham Lincoln
April 2011 53
2011 caNaDiaN legal eagles™ 2011 2011
Name firm location specialty Represents
Joseph Adler Hoffer Adler Toronto, ON Transactional Franchisors
Jennifer Dolman Osler Toronto, ON Litigation Franchisors
Paul Jones Jones and Co. Toronto, ON Transactional Both
Edward “Ned” Levitt Aird & Berlis Toronto, ON Both Franchisors
Leonard Polsky Gowling Lafleur Henderson Vancouver, BC Transactional Franchisors
John Rogers Davis Toronto, ON Transactional Both
John Sotos Sotos Toronto, ON Transactional Both
Stéphane Teasdale Fraser Milner (FMC) Montreal, QC Transactional Franchisors
Larry Weinberg Cassels Brock Toronto, ON Transactional Franchisors
Frank Zaid Osler Toronto, ON Transactional Franchisors
Legal Eagles™
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Client Contact Adrienne Hislop
Art Director Mark Hickmott
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Job # OSL_11003 Filename OSL_11003_FranchiseTimesAd.indd Modified 3-4-2011 1:11 PM Created 3-4-2011 1:11 PM Station localhost
Toronto Montréal Calgary Ottawa New York | osler.com
At Osler, we are always proud when one of our lawyers is named a Legal Eagle. It recognizes not only their uncommon devotion to serving clients, but also the leadership, experience and insight these individuals bring to the business of franchising.
Osler is honored to be the only Canadian firm to have two lawyers receive this distinction in 2011. For over 35 years, we have shared our winning perspective with over 400 franchise systems in Canada and the U.S.
Osler, Hoskin & Harcourt LLP
Win. Win.Frank Zaid The only Canadian franchise lawyer to be recognized as a Legal Eagle every year since the program’s inception.
Jennifer DolmanThe first franchise litigator and the first woman franchise lawyer in Canada to be recognized as a Legal Eagle.
T:9.375”
T:6”
Legal Eagles™
Practice Areas:
2011 2011
Adam J. Siegelheim
• Franchise• Business
& Corporate
Stark & StarkAdam J. SiegelheimPO Box 5315Princeton, NJ 08543Phone 609-896-9060Fax: 609-895-7395E-mail: [email protected]
Adam J. Siegelheim focuses his practice in the representation of franchisors in various matters, including the preparation of disclosure documents, state registrations, and compliance with applicable federal and state regulations. Mr. Siegelheim is a member of the International Franchise Association, the American Bar Association Forum on Franchising and the New Jersey Bar Association’s Franchise Law Committee.
Stark & Stark is a full-service law firm with offices in Princeton, Marlton, Philadelphia, New York and Newtown.
Practice Areas:
2011 2011
Rachel Lilienthal Stark
• Franchise• Business
& Corporate• Banking &
Financial Services
Stark & StarkRachel Lilienthal StarkPO Box 5315Princeton, NJ 08543Phone 609-896-9060Fax: 609-895-7395E-mail: [email protected]
Rachel Lilienthal Stark, Shareholder, concentrates her practice in the representation of start-up and emerging franchisors on a variety of issues including compliance with all federal and state regulations, disclosure documents, acquisitions and financing.
Stark & Stark is a full-service law firm with offices in Princeton, Marlton, Philadelphia, New York and Newtown.
More inspiration for franchisors.
faegre.comUSA | UK | China
Franchising is our passion.® Our team includes seven Legal Eagles—Jeffrey Brimer, Mary Beth Brody,
Kerry Bundy, Kevin Hein, William Killion, Brian Schnell, and Sarah Yatchak. We collaborate with clients to handle the
full range of franchise needs. � e result? More Together®
A jury consists of 12 persons chosen to decide who has the better lawyer.
—Robert Frost, U.S. poet
April 2011 55
members to its annual meetings, according to a former Forum chair.
Other evidence that franchise law has gone mainstream is that the Forum is in the process of beta-testing a textbook on franchise law for law schools.
Them and usAnother trend that has evolved over the years
has been the number of attorneys who represent just franchisees. Just as the franchisees have got-ten more sophisticated, so have their attorneys. (The attorneys who solely represent franchisees may still be do-gooders, but they’re sophisti-cated do-gooders.)
Attorneys are also leaving law firms to join large franchisee companies, something rare just a few years ago.
And more attorneys who once considered themselves franchisor-only counsels are repre-senting both. A cynic could say that’s because there’s no longer a conflict of interest because all the contracts have been sewn up tight in the franchisor’s favor, but we choose to be opti-mistic and attribute this to the fact that many of the issues that affect franchisors also affect multi-unit, multi-concept franchisees.
More female lawyers are showing up at legal symposiums and serving on committees and speaking at industry events. The ABA Forum’s executive committee has made a conscious effort to include more women and minorities to its leadership ranks.
Little-known facts about lawyersThe earliest lawyers were orators in ancient
Athens, around the third century, according to
Wikipedia. However, the law was that people had to plead their own cases. When the rule was amended so that orators (good speakers) could plead their friends’ cases, they were to do so without any compensation. As one could imagine, this was not a popular rule.
Technically, while no current lawyer asks to be addressed by the title, “Dr.,” this used to be the case in other societies when a lawyer earned a J.D. distinction or Juris Doctor.
And now we all understand why those facts are little-known.
What is known, however, is why the law-yers on our list are there. The record-number of nominations we received this year were accom-panied by glowing reports on what makes a lawyer a Legal Eagle.
Nominators cited their attorneys “high apti-tudes” and “instincts” as well as their “unique styles” as reasons why they stand out
Some were cited for the more ancillary aspects of their service, such as “walking through a snowstorm just so he could answer some questions”—and in other cases, for actual super powers—such as having “a keen knack for cutting through the noise.”
Another comment: “He comes with excep-tional credentials necessary to qualify, but in addition he possesses other unique qualities making him a stand-out above the vast major-ity. These qualities include strong work ethic, practical approach to issues, attention to detail, personal involvement, and most importantly, practicing law with personal consideration to the outcome as if he were the client.”
“Her eagerness to understand and engage with our company established an unprec-edented level of trust. She got to know our CEO and the culture of our franchise, which
allows her to perfectly balance her authority and knowledge with deference and sensitivity. We are confident she genuinely wants us to suc-ceed.”
And that’s just a few.So congratulations, once again, to this year’s
“winners.” Hold your head high, you’re lawyers who are both super and far from extinct.
Legal Eagle continued from 40
Legal Eagles™
The majestic eagle likes to occupy high spaces, just like our Legal Eagles.
Legal Eagles™
