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IFA legal forum: outpacing challenges: Legal Symposium generated ideas for franchise companies to turn challenges into opportuni


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The franchising community's leading legal and business minds gathered to address some of the latest laws and regulations affecting the industry and offered suggestions on how to stay ahead of financial and economic challenges. The International Franchise Association's two-day 42nd Annual Legal Symposium, attracted more than 450 attendee who focused their attention on legal and regulatory issues affecting their clients' day-to-day business concerns. The symposium's format allowed and encouraged attendees to discuss such common issues they are facing as cost reductions, litigation, franchise relations, franchise disclosure and financing.

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On May 18, the opening General Session addressed "Franchising in Changing Economic Times: Challenges and Opportunities" and was led by a panel that included moderator Gowling Lafleur Henderson LLP Partner Edward Levitt and presenters Roark Capital General Counsel Steve Aronson, Driven Brands, Inc. Pres. and CEO Kenneth Walker, CFE, and McDonald's Corp. Vice Pres. and U.S. General Counsel Kathryn Kotel. Those in attendance were able to glean insights about reducing costs involved in restructuring, refranchising and sales-lease back issues; the dynamics of mergers, acquisitions and divestitures; and ideas for seizing new opportunities.

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The symposium adhered to a tradition of providing targeted and current information that enables franchise professionals to better operate their businesses. A variety of topics made available during the morning's concurrent sessions provided current legal guidance.

Among the popular offerings was a session on trademark and advertising issues especially designed for franchise lawyers. The moderator, Subway attorney Valerie Pochron, led panelists Greenberg Traurig, LLP Shareholder Jennifer Moore; Harness, Dickey and Pierce, PLC Principal David R. Haarz; and Federal Trade Commission Bureau of Consumer Protection Lesley Fair through a range of issues that addressed ways to determine whether a competitor crosses the line. Also discussed were methods to decide if a slogan is a trademark, substantiating advertising claims and issues related to the Internet.

Another crowd-pleaser among the morning concurrent sessions was a lively exchange between legal stakeholders who offered strategies in handling high-stakes litigation. Panelists helped attendees to determine what a "win" means in this type of litigation and the best methods to control communications.

The luncheon and general session began with an update of government relations issues presented by IFA Vice Pres. of Government Relations David French, who brought attendees up to date on the association's activities to encourage Congress to open credit markets and shared the results of a recent report by the IFA Educational Foundation, prepared by FRANdata Corp. The report determined that for every $1 million of lending obtained by franchised businesses, more than 34 jobs are created and $3.6 million in annual total economic output is realized.

Congress should devote more resources and tools to the small-business sector, French said. He reminded attendees about issues surrounding the U.S. Small Business Administration's newly-revised Standard Operating Procedure on goodwill financing. The agency said it will consider these issue when it reviews its latest policy, scheduled to be published in September. IFA is deeply concerned about SBA's proposed rule change to eliminate the ability of prospective franchise business owners to acquire financing for healthy businesses that are transferring to new ownership. The association has created a one-stop toolkit for the franchise business community to learn more about its ongoing efforts and take action.

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As always, the popular "Ask the Regulators" session held the attention of symposium-goers who were interested in better understanding steps regulators are taking to achieve uniformity in interpreting the Federal Trade Commission's Franchise Rule. Panelists included moderator Larkin Hoffman Daly & Lindgren, Ltd. Attorney Joseph Fittante Jr. and speakers Maryland Attorney General's Office Deputy Securities Commissioner Dale Cantone, Illinois Attorney General's Office Franchise Bureau Franchise Examiner Anne Connelly and Federal Trade Commission Franchise Rule Coordinator Craig Tregillus. Special thanks to Roark Capital for sponsoring this year's Monday luncheon.

Looking to Legal Symposium 2010

A task force of in-house and outside counsel led by Faegre & Benson Partner Brian Schnell, CFE, will work together to create a program for 2010 that is comprehensive, relevant and compelling for both attorneys and business executives alike. Save the date for next year's event: May 16-18, 2010 at the JW Marriott in Washington, D.C.

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To purchase the extensive handout materials from the 2009 Legal Symposium on CDROM, contact the IFA Conferences Department at 202-662-0763 for more information.

COPYRIGHT 2009 International Franchise Association Reproduced with permission of the copyright holder. Further reproduction or distribution is prohibited without permission.

Copyright 2009 Gale, Cengage Learning. All rights reserved. Gale Group is a Thomson Corporation Company.

NOTE: All illustrations and photos have been removed from this article.


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