Fundamentals of Franchising

by Barkoff, Rupert M.; Fittante, Joseph J.; Gardner, Jr., Ronald K.; Selden, Andrew C.

• ISBN13: 9781634252829
• ISBN10: 1634252829
• Edition: 4th
• Format: Paperback
• Copyright: 2016-12-01
• Publisher: American Bar Association

Summary

Franchising is experiencing explosive growth in the U.S. and abroad, triggering more legal transactions and queries about this multi-faceted area of law. Written specifically to help lawyers and non-lawyers brush up on franchise law, this respected publication – now in its fourth edition – is charged with useful definitions, practical tips, and expert advice from experienced franchise law practitioners. Covering the basics of franchise law in one, easy-to-read volume, this practical guide examines franchise law from a wide-range of experiences and viewpoints.

Each chapter is written by two experienced practitioners and provides a well-rounded overview of franchise law. Key franchise law topics covered include:

• Trademark law
• Structuring the franchise relationship
• Disclosure issues
• Registration
• Franchise relationship laws
• Antitrust law
• International franchising
• Counseling franchisees

In addition to covering the legal fundamentals, this resource also includes time-saving appendices on state franchise and business opportunity statutes; franchise relationship law citations and popular names; types of franchise relationship laws; statutory examples of good cause for termination; procedural requirements for termination and nonrenewal; and examples of other unlawful practices.

Author Biography

Rupert M. Barkoff is an attorney at Kilpatrick Townsend & Stockton LLP, in Atlanta, GA, and specializes in the practice of franchise law.

Joseph J. Fittante is an attorney at the law firm of Larkin Hoffman Daly & Lindgren Ltd. in Minneapolis, MN, where he advises start-up and mature franchisors on all aspects of the franchise relationship

Ronald K. Gardner, Jr. is the managing partner of Dady & Gardner, P.A., in Minneapolis, MN, where he represents franchisees, franchisee associations, dealers, and distributors

Andrew C. Selden is an attorney in Minneapolis, MN

Table of Contents

Table of Contents

Chapter 1: Trademark Law Fundamentals and Related Franchising Issues
Chapter 2: Structuring the Franchise Relationship
Chapter 3: Franchise Disclosure Issues
Chapter 4: Registration
Chapter 5: Franchise Relationship Laws
Chapter 6: Antitrust Law
Chapter 7: International Franchising
Chapter 8: Representing Franchisees
Appendix A: State Franchise and Business Opportunity Registration and/or Disclosure Statutes
Appendix B: Franchise Relationship Law Names and Citations
Appendix C: Types of Franchise Relationship Laws
Appendix D: Statutory Examples of Good Cause
Appendix E: Procedural Requirements for Termination and Nonrenewal
Appendix F: Examples of Other Unlawful Practices Table of Cases
Index