Vol. 14 No. 2 | Spring 2011

INSIDE THIS EDITION

Message from the Chair

2011 Nominating Committee Selected

34th Annual Forum on Franchising: Flying the Flag of Franchising

FDA Publishes Proposed Regulations on Menu Labeling Requirements

State Taxation of Royalties on Out-of-State Franchisors Continues: KFC Corp. v. Iowa Department of Revenue

From Darkness to Light: A Survey of How Franchise Lawyers Weathered the Recession and Some Thoughts on the Road Ahead

NASAA Project Group Seeks Input on Multi-Unit Franchising

New Location for California Department of Corporations' San Francisco Office

Become a California Board Certified Franchise and Distribution Specialist!

New Books from the Forum on Franchising


THE FRANCHISE LAWYER

Editor-in-Chief
Max Schott, II (2013)
Gray Plant Mooty
Minneapolis, MN
Max.Schott@gpmlaw.com

Associate Editors
Glenn J. Plattner (2011)
Bryan Cave
Santa Monica, CA

Kristy L. Zastrow (2012)
Dady & Gardner
Minneapolis, MN

Beata Krakus (2013)
Greensfelder,
Hemker & Gale
Chicago, IL


Forum on Franchising
American Bar Association
321 N. Clark Street
Chicago, IL 60654

Ronald K. Gardner

Message from the Chair
By Ronald K. Gardner
Forum Chair

Last year, at this time, I attempted to wax eloquently as to why the choice of future leaders is so important to an organization. Spurred on by a John Maxwell quote, I went on for some time about how the vibrancy of an organization is directly related to its ability to identify, cultivate and promote its next generation of leaders. This year, I will skip the verbosity and get straight to the point: We have established a Nominating Committee and we need your nominations!

Elsewhere in this newsletter, you will find our announcement of the appointment of this year's Nominating Committee. As I have explained in the past, our By-laws require that our Nominating Committee be chaired by the Immediate Past Chair of the Forum (in this case, Edward "Jack" Dunham), and be made up of at least three members of the Forum who are not candidates for any Forum office, at least one of whom is neither a past nor present officer or member of the Governing Committee. I am also required, under the terms of our By-laws, in making these appointments, to "consider appropriate representation of the types of organizations, practice areas, geographic areas, minorities and women, so that the Nominating Committee may reflect the diversity of the members of the Forum." Being quite mindful of these obligations, I am pleased to report that a well-qualified and diverse Nominating Committee has been selected.

Joining our Immediate Past Chair, Jack Dunham, are Past Chair Lee Abrams, along with Julianne Lusthaus of Einbinder & Dunn LLP, Ted Pearce of Driven Brands, and Michael Drumm, of Drumm Law LLC. Assuming you know them, you will understand that this collection of people are not only diverse in their geography, gender, and levels of experience, they are all diverse in their viewpoints. I am confident that we can rely on these five people to use their best efforts and wisdom in helping us to select our next generation of leaders. Moreover, I am very confident that their discussions will lead us in the right direction.

This year's Nominating Committee will be charged with nominating four individuals to the Governing Committee for three-year terms beginning in August 2012. These four positions consist of the expiring terms of current Governing Committee members Harris Chernow, Deb Coldwell, and Karen Satterlee, as well as the new spot that was created as a result of the adoption of the amendment to our By-laws that we passed in Toronto in 2009. This is where you come in.

Our formal call for nominations is included in the Nominating Committee announcement, which also will be sent via the ListServe. Between now and June 3, I urge you to consider the individuals you believe possess the qualities necessary to lead the Forum community into the future. As we have said many times in the past, the pathways to leadership are many and diverse, but we are particularly interested in members who have demonstrated a strong commitment to the organization through writing, speaking and successful fulfillment of other leadership opportunities. If you know of any such person or persons, it is my strong hope and expectation that you will share their names and qualifications with us so that we might consider them in the pool of potential nominees for this year's upcoming Governing Committee class.

Once the Nominating Committee has finished its work, a nominated class of individuals will be announced sometime in June or July for your consideration. We will then, as we always do, hold an election to approve or disapprove this slate of candidates during our annual business meeting to be held at the Forum in Baltimore this October.

Speaking of Baltimore, I am hopeful that you already have the next Forum on your calendar. Our brochures have been sent to the printer, and you can be certain that you will see them in your mailboxes in the next few weeks. Once you see it, I think you will share my enthusiasm for the great program that our Co-Chairs this year, Mike Lindsey and Karen Satterlee, have created. The Baltimore Marriott Waterfront, sitting right on the harbor in Baltimore, is a spectacular hotel in a spectacular setting, and we are excited to offer our members not only this great venue, but an extraordinary and diverse selection of programs this year, with our customary cadre of excellent presenters. Included in this newsletter is an article by the Co-Chairs that provides more information about what is sure to be another fabulous Forum.

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Additionally, as part of our continuing effort to make the Forum more accessible to young lawyers, at our winter meeting, the Governing Committee voted to extend the $500 discount to first-time attendees who are under the age of 36. Moreover, in order to help graduate those people who came last year for the first time, we are also extending a discount of $300 to second-time attendees who are under the age of 37. Both the Forum on Franchising and the Governing Committee continue to put their money where their mouth is in order to make it easier for firms and companies to bring their young lawyers to the Forum. Like our nominations process, our future membership also relies on our ability to pass on what we do to the next generation. We remain hopeful that this significant financial commitment on behalf of the Forum will entice you, and your colleagues, to seek out and bring with you to Baltimore an exciting new generation of lawyers.

Finally, in the coming weeks and months, you will be asked to fill out our semi-decennial membership survey. Under the terms of our By-laws, the Forum is required to survey its entire membership once every five years for the purposes of long-range planning. We have scheduled our long-range planning meeting for February 2012, and will be conducting the membership survey over the summer months this year. When you receive the survey, please take a deep breath and do your best to fill it out as promptly and thoroughly as possible. We are aware that the survey is long and will take more than a few minutes to fill out, but we really need your feedback in order to appropriately plan for the next several years. You will be hearing much more about this from your membership officer, Kathy Kotel, as the survey begins rolling out - mostly through the ListServe, but you will also see announcements and links in various other places, including this newsletter. Let me thank you in advance for your cooperation and input, which will assist us in planning the next generation of great programming that has become the hallmark of the Forum on Franchising.

See you in Baltimore!


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The Franchise Lawyer is published by the American Bar Association Forum on Franchising, 321 North Clark Street, Chicago, IL 60654-7598. Requests for permission to reprint should be sent to the attention of Manager, Copyrights and Licensing, via email at copyright@abanet.org or via fax to 312-988-6030.

The opinions expressed in the articles presented in The Franchise Lawyer are those of the authors and shall not be construed to represent the policies of the American Bar Association and the Forum on Franchising. Copyright 2011 The American Bar Association. ISBN: 1938-3231

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