Franchise Today

In this, the sixth week in the 4th Annual Franchise Legal Series on Franchise Today, host, Paul Segreto is joined by Lane Fisher, Partner at FisherZucker LLC. This is the fourth appearance by Lane in the annual Franchise Legal Series making him the only franchise attorney to participate in the event since the premiere broadcast in 2010. In this segment, Paul and Lane discuss Item 19, Financial Performance Representations with focus on having effective FPRs in broker networks.

About Our Guest

In private practice since 1989, Lane currently represents more than 75 franchise brands in business transactions and complex franchise litigation.  Lane is admitted to practice in Pennsylvania and New Jersey and serves on the franchise law committee of the New Jersey State Bar Association, the Philadelphia Bar Association and the American Bar Association's forum committee on franchising. In addition to chairing its membership committee since 2005, Lane serves as a member of the International Franchise Association's Board of Directors and is a past member of its executive committee and a past chair of the executive committee of the Supplier Forum Advisory Board. Lane also is a former chair of the Legal Symposium Task Force and serves on the FranPAC advisory board.

In the fifth week of the 4th Annual Franchise Legal Series on Franchise Today, host, Paul Segreto is joined by Mark Kirsch, a returning guest to the legal series. Mark is a principal at Gray Plant Mooty and a member of its Franchise & Distribution practice group. Paul and Mark discuss outsourcing of franchise sales with a look at various opportunities and pitfalls that may be encountered along the way. The discussions moves from franchise brokers to legal compliance requirements to digital age issues and many points in between.

About Our Guest

Mark A. Kirsch is a principal at Gray Plant Mooty and a member of its Franchise & Distribution practice group. He focuses his practice on domestic and international franchising and distribution matters. He represents and counsels clients on various corporate, commercial, licensing, franchise, and business development matters, across a wide range of industries including restaurants and food service, hotels and the hospitality industry, health care, equipment manufacturing and distribution, educational and training businesses, technology and telecommunications, car rental and automotive services, employment and personnel agencies, convenience stores, real estate, publishing, cosmetics and hair care, and various retail product and service businesses.

The Fourth Annual Franchise Legal Series continues this week on Franchise Today. In this fourth of eight segments, host, Paul Segreto welcomes as his guest, Barry Heller, Partner at DLA Piper. Paul and Barry discuss the many aspects of franchise litigation including hot litigation issues and non-franchise litigation claims facing franchisors today. They also discuss dispute resolutions including options to consider when drafting the franchise agreement - Is arbitration or mediation best or most practical for the brand? The discussion also includes suggestions on how to avoid litigation.

About Our Guest

For almost 30 years, Barry Heller's practice has consisted almost exclusively of representing clients in franchise and distribution disputes throughout the country, both in litigation and arbitration. Much of his practice has focused on franchise termination matters, as well as on more complex franchise cases involving issues affecting the entire franchise system. He has handled cases involving, among other issues, termination, transfers, rights of first refusal, implied covenant of good faith and fair dealing, alternative

distribution channels, covenants against competition, trademark infringement, product sourcing and approval, franchisee associations, and unfair competition.

Mr. Heller is the former director of the Litigation and Dispute Resolution Division of the ABA Forum on Franchising. He has authored and lectured on franchise litigation issues, including conducting Legal Roundtable seminars in different cities for the International Franchise Association on franchise litigation matters. He was co-author of a manual entitled Franchise Litigation Claims of the Litigation Section of the District of Columbia Bar Association, for whom he conducted a seminar on the subject.

In the third of eight segments in the 4th Annual Franchise Legal Series the focus is on Private Equity in Franchising. Amy Cheng, co-founder of Cheng Cohen LLC joins host, Paul Segreto to provide her insight and perspective about private equity and its role in franchising today.

About Our Guest

Amy Cheng is the co-founder of Cheng Cohen LLC in Chicago, Illinois. Amy concentrates her practice in domestic and international commercial transactions, general corporate, and franchise, licensing and distribution law. She represents franchisors on the structuring and operation of their franchise programs through all phases of development.  She also represents non-U.S. based franchisors expanding into the U.S. market.  Amy has extensive experience in structuring and drafting agreements for complex franchise, licensing and distribution relationships and in regulatory compliance. Her experience includes advising clients in connection with complex issues arising from the ownership of multiple brands, non-traditional opportunities, system restructuring and brand acquisition.  Amy also advises clients on the structuring of non-franchised distribution systems.

Amy is a current member of the International Franchise Association Women's Franchise Committee and she is also the Vice Chair of the International Franchise Association’s Annual Legal Symposium.  She is an Associate Editor for the American Bar Association’s Franchise Law Journal.  Amy also serves as a member of the Franchise Advisory Board for the Illinois Attorney General.  For her work in this area, Amy was named a "Legal Eagle" by the Franchise Times, recognized by Who's Who Legal, Leading Lawyers, and Chambers and Partners, and selected by her peers for inclusion in The Best Lawyers of America® in the field of franchise law.

This week on Franchise Today the 4th Annual Franchise Legal Series continues with a look at Data & Information. Lee Plave, co-founding partner at PlaveKoch PLC joins host, Paul Segreto as they explore questions many franchisors have about data and information in today's hi-tech world. Especially as these questions specifically relate to liability, consequences and penalties.

About Our Guest

Lee Plave is a co-founding partner of Plave Koch PLC, an entrepreneurial law firm in Reston, Virginia. He counsels franchisors and distributors, drafts and negotiates agreements for international and domestic transactions, and advises clients on all aspects of franchise and distribution law.

Lee also works with clients on how to apply technology in franchise and distribution systems, including social networking and social media issues, e commerce, data, and security policies, cybersquatting and domain name disputes, as well as cybersmear/complaint sites. He also represents clients before the Federal Trade Commission, where he began his career.

The International Franchise Association Educational Foundation recognized Lee as a “Certified Franchise Executive.” London-based Chambers & Partners, which publishes an internationally-respected client guide, ranks Lee as one of the leading franchise lawyers in the United States. Another London-based publication, Who's Who Legal, named Lee one of the global Top 10 franchise lawyers in The International Who's Who of Franchise Lawyers.

In 2012, Lee was appointed to serve as the Director of the International Division of the American Bar Association’s Forum on Franchising for 2012-14.

This week on Franchise Today begins our 4th Annual Franchise Legal Series. The series broadcasts LIVE on eight consecutive Thursdays at 11AM CT beginning with today's show and culminating on Thursday, May 30th with our IFA Legal Symposium Recap. Each week, the brightest legal minds in franchising share their insight and perspective on topics of importance to franchisors including franchise sales best practices, private equity in franchising, social media and legal considerations in a franchise environment and franchisor litigation issues.

Joining host, Paul Segreto on today's show is Michael Laidhold, Partner at Plave Koch PLC. The focus of the discussion is on franchise sales best practices and includes pointers on Franchise Disclosure Documents, Item 19 - Financial Performance Representations, disclosure do's and don'ts, and potential consequences per federal and state quidelines and laws.

About Our Guest

Michael Laidhold is a partner at Plave Koch PLC in Reston, Virginia.  He focuses his practice on domestic and international franchising, licensing, general dealership and distribution matters.  Michael works with clients to structure new franchise programs and restructure existing franchise programs; to draft and negotiate franchise, master franchise, licensing, development and distribution agreements, and asset purchase agreements and related commercial contracts.  He counsels clients on compliance with state, federal, and international regulatory issues; and provides advice with respect to franchise, license, and dealership and distribution relationships.  He has been a speaker at the ABA Forum on Franchising and the IFA Legal Symposium, and other industry events and seminars, and has authored many articles on branding, licensing, franchising, and distribution issues.

It's only fitting to review once again the IFA perspective on franchising in 2013 as Franchise Today heads into its 4th Annual Franchise Legal Series beginning on April 11th.

Replay Recap

Just days ahead of IFAs 53rd Annual Convention, Franchise Today welcomed IFA President & CEO Steve Caldeira, as part of the show's "Voices of Franchising" series. Host, Paul Segreto and Steve Caldeira discussed IFAs 2013 policy agenda and offer insight into the economic future of franchising. In addition, Steve provided a preview of the then upcoming IFA Convention.

About the IFA

Celebrating over 50 years of excellence, education and advocacy, the International Franchise Association is the world's oldest and largest organization representing franchising worldwide. IFA's mission is to protect, enhance and promote franchising through government relations, public relations and educational programs.

This week on Franchise Today the focus is on real estate as the 2-part Multi-unit Franchising Series wraps up. Host, Paul Segreto is joined by Tom McCord, Vice President Real Estate and Franchise Development at CiCi's Pizza. From market planning to site selection to securing a lease, Paul and Tom discuss the importance of this phase in the franchise development process as the foundation of multi-unit success.

About Our Guest

Tom McCord is an experienced real estate and franchising executive with proven record in developing quick serve and casual dining restaurants. He has led corporate and franchise real estate, franchise recruiting, market planning, and portfolio management to consistently exceed expectations in privately and publicly held companies.

One can hardly think about building a culture in franchising without mentioning Jersey Mike's Subs. So, it's very fitting to start the Multi-unit Franchising Series on Franchise Today with a member of the Jersey Mike's corporate team as our guest in the first of two segments in the series.

Michael Manzo, Chief Operating Officer of Jersey Mike's joins host, Paul Segreto as they explore best practices in multi-unit franchising and how brand culture plays an important role in developing a successful multi-unit program.

About Our Guest

A Jersey Mike’s Subs veteran, Michael Manzo came up through the system “wearing the apron.”  Working side by side with Founder & CEO Peter Cancro, Michael’s fingerprints are on nearly every aspect of the company from operations to training and from purchasing to franchise development.

Michael has the distinction of working at the original Mike’s Subs restaurant in Point Pleasant during high school (1979-81). After serving 4 years in the U.S. Marine Corps, Michael managed the original store in 1985. In 1987, the name was changed to Jersey Mike’s and the company began franchising. In 1992, after building out more than 30 restaurants, Michael left the company.  In 1996, he rejoined Jersey Mike’s when there were still less than 35 restaurants.

Ever since, Michael has been a champion for bringing customers the highest quality, freshest made sub in the industry. Today, Jersey Mike’s is a growing brand with 750 restaurants open and under development nationwide, winning best sub awards in virtually every market it serves.

Franchise Today is a production of Franchise Foundry.

This week on Franchise Today the series on Franchise Finance continues as host, Paul Segreto welcomes as his guest, Sandy Shoemaker, Partner at EKS&H. Paul and Sandy discuss various items of importance to get the "franchise house" in order for successful franchise financing and ultimately, successful franchise development. Items to be discussed include unit-economics, Item 19 preparation, FDD audits and necessary preparations to secure franchise financing.

About Our Guest

Sandy Shoemaker is a partner in the audit service

area of EKS&H and has been involved in public

accounting since 1990, serving publicly traded and

privately-held companies. She has extensive

knowledge of financial statement audits and has

provided services to companies in the franchising,

distribution, manufacturing, medical- device,

restaurants and real estate industries. Sandy has a

depth of experience working with employee-owned

companies and advising on the proper use of

employee stock ownership plans. She also has

extensive experience in audits of employee benefit

plans.