Vol. 14 No. 2 | Spring 2011


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


Max Schott, II (2013)
Gray Plant Mooty
Minneapolis, MN

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

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

Beata Krakus (2013)
Hemker & Gale
Chicago, IL

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

Flying the Flag of Franchising

The 34th Annual Forum on Franchising
By Co-Chairs: Michael K. Lindsey and Karen Boring Satterlee

Charm City calls! The 34th Annual Forum on Franchising will be held on October 19-22, 2011 in historic Baltimore at the Marriott Waterfront, located in Harbor East, Baltimore's premier neighborhood. This year's program is set against the stunning views of Baltimore Harbor with a wide variety of shopping, restaurants and attractions available to attendees, including the National Aquarium, Federal Hill, Fort McHenry, the Baltimore Zoo, Camden Yards and Fells Point, all within a short walk or water taxi ride of the hotel.

This year the Forum is presenting three intensive programs. As always, the Forum will kick off with our Fundamentals of Franchising style program, which provides a comprehensive overview of franchise law for newcomers to the practice of franchise law, as well as a refresher course for seasoned practitioners. Our second intensive surveys Best Practices for Managing Your Franchise Disclosure and Registration Practice. This program is designed for in-house counsel, paralegals, franchise administrators and outside transactional counsel interested in the creation and maintenance of effective franchise disclosure documents as well as an in-depth review of state registration and disclosure laws. Our third intensive builds on the Forum's recent publication The Franchise Litigation Handbook and will provide the franchise litigator with a road map to handle complex franchise litigation matters, from the client's initial decision to litigate through the appellate process.

As always, the main program will provide a variety of transactional, litigation and international workshops appropriate for both new practitioners and seasoned veterans. This year's program features two plenary sessions, including the must-see Annual Franchise and Distribution Law Update and an engaging, informative presentation on Speed Reading People, designed to give you the edge in negotiation and dispute resolution. This year's program will feature twenty-four unique workshops on a broad array of topics including litigation strategy, structuring franchise systems, joint representation of clients, advising franchisee clients, implementing e-disclosure programs, vicarious liability, advertising funds, enforcement actions, vendor rebates, dispositive motions, ADA compliance, enforcing trademark rights, developing franchises in Asia-Pacific countries, and the always popular regulators' panel.

While the educational programs take center stage, we have not forgotten how to have fun! Our Thursday night event will be an evening at the B&O Railroad Museum, the birthplace of American railroading. You will enjoy dinner while networking with your peers amid the oldest, most historic and most comprehensive American railroad collection in the world. There are other networking opportunities with breakfasts offered by the Women's Caucus and IFDI, and cocktail receptions offered by LADR and the Corporate Counsel Committee. Of course, we have not forgotten networking opportunities for your most important participant, your spouse! This year's program will feature a guided tour of historic Fell's Point, where participants will experience and learn about the significance of this small town once separated from Baltimore and sample specially made dishes at unique family-owned restaurants. On Friday night, we will all gather at an exciting new nightclub, PBR Baltimore, located in the middle of Baltimore's hot spot Power Plant Live just north of the Inner Harbor.

On Saturday, we will head to Annapolis for a guided tour of colonial Annapolis, featuring a tour of the Maryland State House, the William Paca House (one of America's most impressive restored 18th Century mansions) and on to the United States Military Academy. Following the tour, we will enjoy lunch at one of the many restaurants or pubs that line the Annapolis Waterfront with time for browsing in the local shops and boutiques. Or, as an alternative, the Women's Caucus, the Corporate Counsel Committee and the Diversity Caucus will host our annual community service event at Moveable Feast, an organization that packs meals for individuals in need.

Baltimore is in close proximity to three major airports, BWI, Reagan National and Dulles International airport, as well as a major Amtrak station. There will never be a better time and it will never be easier to get to the Forum! We look forward to seeing each and every one of you.

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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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