Franchising Under New York Law: 2016 Update

(2028 Ratings)

Produced on: January 08, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 75 minutes
Difficulty Intermediate

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

Faculty

Michael Einbinder

Einbinder & Dunn LLP

Michael Einbinder is a founding member of Einbinder & Dunn and has been practicing law since 1981. His experience encompasses commercial litigation with a broad range of legal and business skills. Throughout his 30 years of practice, he has handled complex commercial cases in state and federal courts representing businesses and industries throughout the country in cases involving, among other things, claims relating to breach of contract, fraud, misappropriation of trade secrets, interference with contractual relations, enforcement of non-competition agreements, partnership and shareholder disputes as well as intellectual property matters. He has also appeared in various arbitration and mediation forums.

A substantial portion of his practice includes representation of start-up and established franchisors as well as multi-unit and single unit franchisees. Franchisors and franchisees are represented in a wide variety of industries, including restaurant, retail, hospitality, real estate, manufacturing, optical, recreation, business services, household and home improvement services, health care, education, child care and pet care. For franchisor clients, he has litigated and arbitrated all categories of disputes including trademark infringement claims, termination issues, enforcement of non-competition agreements, breaches of contracts and fraud claims. For franchisee clients, he has litigated an array of claims including those relating to franchise disclosure violations, franchise relationship laws, fraud, misuse of advertising funds, breaches of franchise agreements, non-competition issues and franchise terminations. His firm also handles litigation, arbitration, and mediation nationwide for both franchisors and franchisees (including associations).

Mr. Einbinder is an author in numerous publications, including contributing a chapter to the “Franchise Litigation Handbook” published by the ABA Forum on Franchising, co-authoring “A Franchisee’s Guide to Franchisor Bankruptcy” published in the Fall 2011 edition of the Franchise Law Journal and contributing a chapter in the ABA Forum Publication entitled “Covenants Against Competition in Franchise Agreements,” Third Edition, published in the Fall of 2012. Michael Einbinder has been listed among the top franchise lawyers by the Franchise Times since 2004 and is a frequent speaker on franchise issues at events hosted by the American Bar Association Forum on Franchising, the International Franchise Association Legal Symposium as well as the New York City Bar Association CLE program in which he has presented papers on franchise issues for other attorneys. Michael is an American Arbitration Association arbitrator.

Bar Admissions

New York, 1981

U.S. District Court Southern District of New York, 1982

U.S. District Court Eastern District of New York, 1982

U.S. Court of Appeals 3rd Circuit, 2004

U.S. Court of Appeals 2nd Circuit, 2010

Education

Pace University School of Law, White Plains, New York

J.D. - 1980

University of London, England

Clark University

B.A. - 1977

Reviews

WG
William G.

presentor was very good

MS
Max S.

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.

JY
Jusun Y.

Good

LK
Linda K.

Due diligence very important

DC
DOUGLAS C.

very experienced attorney-

AM
Agnes M.

Great presentation - excellent faculty!

DA
Don A.

Excellent presentation!!

MR
Marcia R.

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

TE
Tomas E.

Very interesting topic and well presented.

JB
James B.

Excellent, measured speaker. Conveyed the information very clearly.

TL
Trisha L.

great course

SC
Silvia C.

Interesting

SI
Stan I.

extremely informative

RR
Rita R.

Good program - thank you.

MD
Matthew D.

very good

JM
JC M.

Good course

VC
Victoria C.

Very interesting

PS
Paul S.

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

DJ
Dennis J.

Pretty informative

DS
Dennis S.

Presenter was a very good and clear lecturer.

MK
Mark K.

Very knowledgeable speaker.

SC
Sandra C.

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

IS
Ingrid S.

Very interesting

JA
Julie A.

excellent speaker, interesting and informative course

TC
Tanya C.

good program

JC
James C.

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

JR
Jill R.

Really well presented discussion.

SF
Steven F.

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

RZ
Roger Z.

Complete and clear

RW
Randi W.

Excellent speaker and material presented in this CLE course!

WG
William G.

Very good overview for New York practcioner.

WB
William B.

Informative overview

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