Antitrust Law Daily Wrap Up, CONFERENCES: ABA Forum on Franchising to explore next frontiers at 37th annual meeting, (May 28, 2014)
The 37th annual meeting of the American Bar Association Forum on Franchising (entitled “The Cutting Edge”) will explore franchising’s next frontiers with a day of intensive programs, followed by two days of plenary sessions and workshops, on October 15-17, 2014, at the Sheraton Seattle Hotel in Seattle, Washington.
Highlights of the meeting include the traditional “Fundamentals of Franchising” intensive program, the annual franchise and distribution law developments plenary session, a reception and dinner at the Experience Music Project Museum, and a community service event, according to the recently-released program schedule.
The meeting will begin with two concurrent intensive programs on Wednesday, October 15. “Fundamentals of Franchising” will provide a comprehensive overview of franchise law for those wanting an introduction to the field, as well of those who want a refresher course. Speakers will include Bethany L. Appleby (franchise relationship laws), Joseph J. Fittante (disclosure and registration), Allan P. Hillman (antitrust), Natalma M. McKnew (trademarks), Karen Boring Satterlee (structuring the franchise), and Andrew C. Selden (representation of franchisees). “Advanced Issues in Mergers and Acquisitions in Franchise Systems” will explore issues involved in the buying and selling of franchise companies, including disclosure, key provisions of operative agreements, communications between prospective buyers and existing franchisees, due diligence, and trademark considerations. Panelists are Stuart Hershman (moderator), Jeffrey A. Brimer, David W. Oppenheim, Scott Pressley, Leonard Vines, and Les Wharton.
The main program will include two plenary sessions and 25 workshops on Thursday, October 16, and Friday, October 17. The first plenary session—“Posture and Power: How Non-Verbal Communication Affect Negotiation”—will feature Amy Cuddy, Associate Professor at Harvard Business School. The second plenary session—the annual “Franchise and Distribution Law Developments” presentation—will be conducted by Christopher P. Bussert and Christina Noyes.
Workshops will cover the following topics: (1) the seven most significant franchise cases of all time; (2) when non-signatories are bound; (3) consumer class actions against franchise systems; (4) forum selection clauses after Atlantic Marine; (5) special industry relationship statutes; (6) view from the bench: what works and what doesn’t; (7) ethical quandaries associated with franchise representation; (8) strategies in preparing witnesses in franchise cases; (9) are my franchisees or their employees actually my employees?; (10) one hundred days to trial or final arbitration hearing; (11) drafting dispute resolution clauses from a litigator’s perspective; (12) strategies to achieve the best possible early settlement; (13) guaranties and other franchisee owner undertakings; (14) transfers and assignments in franchising; (15) franchise disclosure challenges for large, sophisticated, or multi-branded franchise companies; (16) legal complexities of franchising in the health care industry; (17) structuring and drafting issues for food trucks, kiosks, and other alternative venues; (18) bringing non-compliant franchisors into compliance; (19) competing brands under common ownership; (20) SBA lending; (21) the art and science of drafting a Franchise Disclosure Document; (22) unique and overlooked issues of doing business in international franchising; (23) getting an international franchise deal done; (24) strategic intellectual property protection in franchise systems; and (25) corporate counsel roundtable.
Program co-chairs for the meeting are Jim Goniea and Will K. Woods. Further information and online registration are available on the ABA Forum on Franchising website.
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