Franchising

By David Kaufmann:

• Treatise: An Introduction to the Law of Franchising (2010, 2018)
• ABA Franchise Law Journal: Franchising Faces Existential Threats (2023)
• McKinney’s New York Statutes: Practice Commentary on the New York Franchise Act (2023)

KG&R Franchise Law Blog

By David Kaufmann serving as the franchise law columnist for:

• An Overview of Federal and State Franchise Laws, Rules and Regulations (October 17, 2023).
• Is The FTC Cracking Down – Or Cracking Up? (May 30, 2023).
• Franchise Renewal Season – Beware! (March 15, 2023).
• California Enacts Shocking Law Targeting Quick Serve Restaurants (September 12, 2022).
• Massachusetts: Franchisees May Be Employees (April 18, 2022).
• State Franchise Relationship Laws (August 27, 2021).
• Updating Franchise Disclosure Documents: Amendments and Renewals (August 28, 2020).
• Franchisors: Have You Responded To New Accounting Rule ASC 606? (December 24, 2019).
• Private Equity Acquisition of Franchisors (October 25, 2019).
• August 16, 2017 – Franchisors as ‘Joint Employers’: An Update.
• April 20, 2017 – Due Diligence in Franchise Acquisitions.
• October 17, 2016 – Franchise Case Law Developments: ADA, Antitrust, Statutory Fraud Claim.
• August 25, 2016 – Joint Employer Theory: Did Subway Go Off The Tracks.
• June 16, 2016 – Guide to Evaluating Franchises: Review Disclosure Documents.
• April 21, 2016 – Judiciary Addresses Key Franchise Act Issues.
• February 29, 2016 – Conflicting Guidance on Non-Reliance Disclaimers and Anti-Waiver Provision.
• January 13, 2016 – FTC and Wyndham Settle Landmark Data Breach Action.
• December 22, 2015 – NLRB’s ‘Joint Employer’ Thrust Defies 50 Years of Judicial Precedent.
• October 22, 2015 – NLRB’s Misguided ‘Joint Employer’ Thrust Against Franchising.

By Kevin Shelley:

• “Privilege and Other Ethical Considerations in the Work-From-Everywhere Era,” American Bar Association Forum on Franchising Annual Meeting (2023);, American Bar Association Forum on Franchising Annual Meeting, 2023.
• “Franchising (& Distribution) Currents” in Volumes 41-3 (2022), 40-2 (2020), 39-1 (2019), 37-3 (2018) and 36-4 (2017) of the American Bar Association’s Franchise Law Journal.
• “Hot Issues in Litigation,” International Franchise Association Legal Symposium (2015).
• “Litigation Decisions and Their Long-Term Effects on Franchise Businesses,” Franchising World, March 2015.
• “Five Years After Leegin, Can Franchisors Safely Establish Resale Price Maintenance Programs?”, 11 Int’l Journal of Franchising Law 37 (2013).
• “Legal Issues Surrounding Transfers, Assignments, and Resale Programs,” American Bar Association Forum on Franchising Annual Meeting (2009).
• “Basics Track: Frequently Arising Issues in Litigation,” International Franchise Association Legal Symposium (2009).
• “Pushing the Envelope: When Aggressive Sales Tactics are Legal,” Franchise Times, January 2007.
• “Pushing the Franchise Sales Envelope,” American Bar Association Forum on Franchising Annual Meeting (2006).
• “Preliminary Agreements: How to Avoid Unintended Contractual Obligations,” 25 Franchise Law Journal 15 (2005).
• “When Conflicting Principles Collide: The Uncharted Boundary Between Fair Competition and Tortious Conduct,” 22 Franchise Law Journal 184 (2003).
• “’Control’ in Franchising and the Common Law,” 19 Franchise Law Journal 119 (2000).
• “Understanding Franchising Business and Legal Issues,” Practicing Law Institute Symposium, June, 2001.
• Contributor (New York), Franchise Desk Book (American Bar Association, 2001, revised in 2007 and 2011).

By David B. Ramsey:

• McKinney’s Consolidated Laws of New York Annotated, General Business Law Article 3 – Franchises, Supplementary Practice Commentaries 2026 (Co-Author)
• Chambers Global Practice Guides: Franchising 2026: Q&A: USA – Law and Practice (Co-Author)
• McKinney’s Consolidated Laws of New York Annotated, General Business Law Article 3 – Franchises, Supplementary Practice Commentaries 2025 (Co-Author)
• Keep Them Coming: Customer Engagement and Loyalty Programs in Franchise Systems, American Bar Association 47th Annual Forum on Franchising, Phoenix, Arizona, October 2024 (Co-Author and Co-Presenter)
• McKinney’s Consolidated Laws of New York Annotated, General Business Law Article 3 – Franchises, Supplementary Practice Commentaries 2024 (Co-Author)
• New and Recurring Issues in Franchise Brand Acquisitions, International Franchise Association, 54th Annual Legal Symposium, 2022 (Co-Author and Co-Presenter)
• Gift Card Best Practices for Franchise Systems, The Franchise Lawyer, Winter 2022
• Three’s a Crowd: Navigating the World of Franchisor, Master Franchisee/Area Representative, and Unit Franchisee Relationships and Their Distinct Interests, American Bar Association 44th Annual Forum on Franchising, Atlanta, Georgia, October 2021 (Co-Author and Co-Presenter)
• Supply and Demand: How to Negotiate Supplier and Distributor Agreements and Work with Franchisees Regarding Their Implementation, International Franchise Association, 52nd Annual Legal Symposium, 2019 (Co-Author and Co-Presenter)
• The Accidental Franchise and the New York Restaurateur, New York City Bar Association, Business Law Subcommittee of the Hospitality Law Committee, Spring 2019 (Co-Author)
• Issues in Growth by Multi-Unit Franchising, Franchise Law Journal, Winter 2019 (Co-Author)
• Alternatives to Traditional Capital Raises for Restaurateurs, New York City Bar Association, Business Law Subcommittee of the Hospitality Law Committee, July 2018 (Co-Author)
• Exemption Based Franchising for Established and Start-Up Franchisors, International Franchise Association Legal Symposium, Washington, D.C., May 2017 (Co-Author and Co-Presenter)
• Data Security: Evolving Legal Considerations for Franchisors, Journal of Internet Law, September 2016
• Cyber-Security for Franchisors, Business Law Today (published by the American Bar Association), July 2016

Securities Law

By David Robbins:  

•  “Precedential Influence of FINRA Arbitration Awards,” PIABA Bar Journal, Vol. 30, No. 3, October 2023.
• “The New Expungement Rules,” PIABA Bar Journal, Vol 30 No 2, July 2023.
• “Trust Established – Trust Breached” – New York State Bar Association program: Securities Arbitration 2020 – Deep Dive, March 2020.
• “From the Arbitrator’s Perspective: Experts and Damages,” course book article for 2018 New York State Bar Association program on securities arbitration. 29, 2018.
• “Elderly Claimant Customers – Special Considerations in FINRA Arbitration.” Course book article for New York State Bar Association program on Securities Arbitration and Mediation, April 6, 2017.
• “They Are Watching And Listening – What Arbitrators Want,” New York State Bar Association program Securities Arbitration 2015, Course book article, Dec. 12, 2015.
• “Calling All Arbitrators: Reclaim Control of the Arbitration Process – the Courts Let You,” Chapter 21 of  the American Arbitration Association’s  Handbook on Arbitration Practice (updated  revisions to the  2010 publication). JurisNet, LLC  (Dec. 2015).