Franchising Under New York Law: 2016 Update

Production Date: January 08, 2016 Practice Areas: Business, Corporate, & Securities Law Estimated Length: 4519 minutes


$ 89 Business, Corporate, & Securities Law In Stock

Franchising is a formula that allows an entrepreneur to expand his or her business and others to benefit from the entrepreneur’s know-how and already established brand vision. With franchising, companies grow and expand by selling franchises to outside investors who will acquire the right to operate a business under the franchisor’s brand and operating system, while, hopefully, profiting from the franchisor’s expertise. In return for the use of the brand and the support provided to the franchisee, the franchisor receives a franchise fee and royalties. Franchise law, in general, is complex and varies from state to state. New York State law has one of the most complex set of rules for franchisors.


In this course, Michael Einbinder of Einbinder Dunn & Goniea LLP, provides an in-depth look at New York’s regulatory framework and reviews New York franchise law compliance for franchising in the state. He also discusses the importance of due diligence when acquiring a franchise. In addition, this program addresses stages in the franchisor-franchisee relationship. This course will simplify and give a deeper understanding of the complexities of franchising and investing in a franchise in New York State. 


Learning Objectives:

I.     Recognize what constitutes a franchise under New York law

II.    Review the New York State Franchise Sales Act disclosure and registration requirements

III.   Discuss compliance with Federal Trade Commission Regulations

IV.   Enumerate and address specifically required disclosure items

V.    Address the use of Financial Performance Representation

VI.   Understand methods to gather information from franchisors in the development stages for the purpose of compliance with state law and federal regulations

VII.  Identify what you need to tell franchisors regarding what they can and cannot say in the franchise sales process

VIII. Advise on due diligence in franchise acquisitions

IX.   Explore the types of disputes that typically arise in the franchise relationship:

  • Trademark claims
  • Non-competition claims
  • Royalty claims 
  • Liquidated damages
  • Breach of contract 
  • FSA claims
William G.
Sayville, NY

presentor was very good

Max S.
Cocoa Beach, FL

Best CLE course I have ever taken - primarily because I have a major client with a franchise problem, and I believe Atty. Einbinder is the perfect person to refer the matter to.

Jusun Y.
Cliffside Park, NJ


Linda K.
Red Hook, NY

Due diligence very important

New York, NY

very experienced attorney-

Agnes M.
New York, NY

Great presentation - excellent faculty!

Don A.
New York, NY

Excellent presentation!!

Marcia R.
Queens, NY

The presenter was exceptionally knowledgeable regarding the subject matter and well-organized in his presentation.

Tomas E.
Brooklyn, NY

Very interesting topic and well presented.

James B.
New York, NY

Excellent, measured speaker. Conveyed the information very clearly.

Trisha L.
Los Angeles, CA

great course

Silvia C.
Atlanta, GA


Stan I.
newyork, NY

extremely informative

Rita R.
Goshen, NY

Good program - thank you.

Matthew D.
Hoboken, NJ

very good

Denver, CO

Good course

Victoria C.
Yonkers, NY

Very interesting

Paul S.
Bohemia, NY

I liked this program. It was very informative and comprehensive, especially for a 1.5 hour CLE program.

Dennis J.
Brooklyn, NY

Pretty informative

Dennis S.
Bedford, NY

Presenter was a very good and clear lecturer.

Mark K.
Woodbury, NY

Very knowledgeable speaker.

Sandra C.
Towson, MD

Good program. Clearly delivered material from an instructor obviously well-versed in the field.

Ingrid S.
Toronto, ON

Very interesting

Julie A.
Dix Hills, NY

excellent speaker, interesting and informative course

Tanya C.
queensvillage, NY

good program

James C.
new york, NY

Very thorough examination of the franchise disclosure form; good examples from practice; need another course on litigation issues with franchise operations

Jill R.
St. James, NY

Really well presented discussion.

Steven F.
Garden City, NY

Probably cannot get anyone more experienced or knowledgeable on the subject. Enjoyed the presentation.

Roger Z.
Valatie, NY

Complete and clear

Randi W.
Oakland Gardens, NY

Excellent speaker and material presented in this CLE course!

William G.
new york, NY

Very good overview for New York practcioner.

William B.
Bronxville, NY

Informative overview