Practical & Legal Aspects of Franchising a Business (Update)

(245 Ratings)

Produced on: April 05, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 66 minutes
Difficulty Intermediate

Since 2010 an average of 35,000 new franchised locations are opened each year, with a total investment of $43 billion per year (according to market research firm Franchise Grade), and the U.S. franchise industry continues to export recognized brands throughout the world. Based on the 2016 Franchise Business Outlook Report, published by the International Franchise Association, there are 795,932 franchised locations employing 9,112,000 people in the United States. The economic output is $944 billion, and the GDP is $552 billion. Clearly, franchising is a business model that represents an integral part of the U.S. economy.

This course will provide attorneys and business owners an important knowledge base for franchising an existing business. Each year hundreds of independently owned companies launch a franchise in order to capitalize on existing success, and to achieve rapid growth. Many companies achieve success at this venture, however, there are always pitfalls to avoid. This course, taught by noted franchise attorney Harold Kestenbaum and franchise expert Ed Teixeira, will present the important business and legal considerations that should be considered before a company franchises itself.

Learning Objectives:

  1. Determine the factors relevant to whether a business can be successfully franchised

  2. Understand the key steps in the franchising process and approximate investment required

  3. Learn about the federal and state laws that regulate the franchise industry

  4. Recognize the attributes of successful franchise start-ups

Faculty

Ed Teixeira

FranchiseGrade.com

Ed Teixeira has over 30 years of experience in the franchise industry. He is the Chief Operating Officer of FranchiseGrade.com, and he also consults with selected clients that are considering franchising their business. Ed has served as a corporate executive for franchise firms in the retail, manufacturing, healthcare and technology industries and was also the franchisee of a multi-million dollar home healthcare franchise.

He has transacted international licensing in Europe, Asia and South America. Ed is the author of Franchising From the Inside Out and The Franchise Buyers Manual, which was recently endorsed by The American Association of Franchisees and Dealers, a rare distinction. He has spoken before various groups including the International Franchise Expo and the Chinese Franchise Association in Shanghai, China.

Ed has grown franchise networks from the ground up and over the course of his career has been involved with over 1,000 franchise locations and has launched franchise concepts from existing business models.

He has conducted franchising workshops and published personal interviews with numerous franchisors. Ed has conducted seminars, written numerous articles on the subject of franchising and has been interviewed on TV and radio.

Ed has a BS in Business Administration and a MA in Economics from Northeastern University

Harold Kestenbaum

Harold L. Kestenbaum P.C.

HAROLD L. KESTENBAUM is an attorney who has specialized in franchise law and other matters relating to franchising since 1977. From May 1982 until September 1986, Harold served as franchise and general counsel to Sbarro, Inc., the national franchisor of over 1,000 family-style Italian restaurants and, was a director from March 1985 to December 2006.

From September 1983 to October 1989, he served as President and Chairman of the Board of FranchiseIt Corporation, the first publicly traded company specializing in providing franchise marketing and consulting services and equity financing to emerging franchise companies, which he co-founded. Harold has authored the first book dedicated to the entrepreneur who wants to franchise his/her business called “So You Want To Franchise Your Business”. It is a step by step guide to what a businessperson needs to know and do to properly roll out a franchise program.

Harold is a Partner with the national law firm, Gordon & Rees, LLP and is engaged exclusively in the practice of franchise distribution and licensing law, representing exclusively franchisors, both start-up and established.  He is a member of the Gordon & Rees Franchise, Distribution and Hospitality Practice Group.

Harold is a member of the American Bar Association’s Antitrust Section, a member of the Antitrust Section’s Forum Committee on Franchising since 1978, a member of the Subcommittee on Franchising of the American Bar Association’s Corporation Banking and Business Law Section, is a founding member and past Chairman of the New York State Bar Association’s Franchise, Distribution and Licensing Law Section, and he currently serves as Chairman for its Education and Seminar Subcommittee (he and has chaired a Statewide seminar programs for New York State attorneys in 1997, 2000, 2002, 2004 and 2005 and chaired seminars on Franchise Law for the Nassau and Suffolk County Bar Associations) and was a member of the International Franchise Association’s Supplier Forum Advisory Board. 

He has published many articles related to franchising and frequently lectures and appears before numerous organizations and law schools speaking on various topics in franchising.  He has been chosen one of the top 100 franchise attorneys in North America by Franchise Times in 2004, 2005, 2006, 2007, 2008, 2009 2010 and 2011, and was named one of the three best franchise attorneys in the New York metro area by New York Magazine for 2005, 2006, 2007, 2008 and 2009, and was named New York Super Lawyer as one of the Top Attorneys in the New York Metro Area for 2007, 2008,2009 and 2010.

In addition, he has written two articles for the ABA Forum Committee, one appearing in the Franchise Law Journal and the other appearing in the Franchise Lawyer. He has appeared on two International Franchise Association Legal Symposium panels, in 2001 and in 2004. He also participates in the IFA Speakers Bureau and has spoken on its behalf, and has been a facilitator at ten IFA Convention Roundtables, and is a Certified Franchise Executive (CFE). He has attended over 30 ABA Forum Committee annual programs since 1978 and over 30 IFA Legal Symposia. Harold’s book is available at major book stores and on Amazon.com.

Reviews

SE
Silver E.

thank you

BT
Bruce T.

great course

DB
Dwight B.

great

AW
Andrea W.

Another well-done presentation. LawLine has surprised me with interesting and helpful CLE programs. I prefer them to live presentations that are often boring and sometimes with poor speakers.

SE
Stephen E.

Very good practical advice on "how to do it".

AR
Amanda R.

Very relative information about current franchise industry and what will be happening in the future

ZS
Zachary S.

Great CLE, very informative!

JT
Judith T.

Very experienced and knowledgeable lecturers. Interesting when there e two professionals interacting.

RR
Richard R.

Good summary of franchise issues.

KH
Kimberly H.

Very informative session, thank you!

CM
Carey M.

Very informative!

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