August 12, 2020

    Past Program Materials

    Program Material – Cumulative Index (1991 – 2020)

    Click here to access.

    2020: Franchising In Focus

    Plenary 1: Annual Franchise and Distribution Law Developments 2020

    Diversity Caucus: George Floyd Could Have Been Me

    Workshops

    W-1 Bringing Clarity to the Accidental Franchise Conundrum 

    W-2 Litigation Trap: Preventing, Prosecuting, and Defending a Claim of Spoliation

    W-3 Corralling Business Valuation Damages Issues in Franchise Cases

    W-4 How To Be a Strong Advocate and Effective Counselor to Your Client in Mediation

    W-5 Seeing It Through: Maximizing the Benefits of Insurance in Franchise Disputes

    W-6 Ethics of Joint Representation: Representing Franchisors, Franchisees, and Their Officers, Employees, and Affiliates in Litigation 

    W-7 The Evolution of Litigating Good Faith and Fair Dealing Claims

    W-8 Focusing On the Bottom Line: Managing Costs and Driving Value When Resolving Franchise Disputes

    W-9 Spotlight on Advanced Termination Issues and Incurable Defaults 

    W-10 Franchise Agreements in Bankruptcy Cases and Business Restructurings—The Problems and Issues that Bankruptcy Can (And Cannot) Solve

    W-11 Independent Contractor or Employee?—Current State of the Ever-Changing Law and Its Impact on Franchising

    W-12 Responding to Franchise Enforcement Actions 

    W-13 Regulatory Update

    W-14 International Franchising in a Time of Change: COVID-19, Brexit, and Beyond 

    W-15 Do You Want to Know a Secret: The Impact of Consumer Privacy Laws on Franchise Companies

    W-16 Promises, Promises: Financial Performance Representations – Advanced Issues

    W-17 Change is Good? Franchisor Franchisee Perspectives in Changing System 

    W-18 Dueling Perspectives on Selected Franchise Agreement Provisions 

    W-19 More Units, More Problems: Drafting and Negotiating Challenges in Multi-Unit Agreements 

    W-20 Age of Disruption: Current Issues for Restaurant Franchises 

    W-21 Running on Empty: Dealing With Supply Chain Issues 

    W-22 Who You Gonna Call: The Role of Franchise Lawyers in Mergers & Acquisitions

    W-23 Advertising and Marketing Funds: What Are You Doing With “My” Money? 

    W-24 International Legal and Legislative Update 

    2019: Franchising At Its Peak

    W-1: Non-Compete Enforcement Today: Slam Dunk or Red Zone Problem?

    W-2: Artificial Intelligence, E-Discovery, and the Next Frontiers of Discovery in Franchise Litigation

    W-3: The Road to Purgatory or Paradise? The Devil is in the Details!

    W-4: The Keys to Successful Negotiation and Early Dispute Resolution

    W-5: Words Matter: A Litigator’s Perspective on Key Provisions in the Franchise Agreement 

    W-6: Effective Witness Preparation and Presentation in a Franchise Case

    W-7: Mobile Apps, Remote Ordering, and Loyalty Programs; Risks and Opportunities

    W-8: Metal Detectors, Video Cameras and Bomb-Sniffing Dogs: Balancing Hospitality With Privacy and Security

    W-9: How Should the FTC Rule be Restructured, If at All? 

    W-10: Avoiding and Litigating Claims in Advertising Franchised Products and Services

    W-11: Structuring the New Franchisee Evaluation and Approval Process

    W-12: Trademark Clearance and Investigation Considerations Before Acquisition of a New Concept

    W-13: Best Practices for Franchisors Providing Franchise Support Services in a Post-Joint Employer World

    W-14: Stepping on Toes: Territorial Rights and Encroachment

    W-15: How to Develop a Comprehensive and Balanced Social Media Policy

    W-16: Regulatory Update

    W-17: Collect if You Dare: Practical Strategies to Help Franchise Parties Cope with GDPR and Other International Privacy Laws and the Evolving U.S. Privacy and Data Security Landscape

    W-18: Anti-Poaching Issues in Franchising

    W-19: Franchising Under the Radar in the USA and Canada: How to Ensure Your Client’s Franchise Dreams Don’t Go “Up in Smoke” 

    W-20: So You Want to Terminate for System Standards Violations

    W-21: Buying and Selling a Franchised Business, Guiding a Franchisee through the Process

    W-22: International Expansion: The Toe in the Water Approach

    W-23: A Guided Tour of Franchising in the Asia-Pacific

    W-24: Ethics: Keeping Up With Ever Evolving Technology, They Didn’t Teach That in Law School

    2018: Music to Your Ears

    W1
    When is a Lie Actionable? Litigating Misrepresentation Claims and the Requirement of Reasonable Reliance 

    W2
    Effective and Failed Strategies to Compel or Avoid Arbitration 

    W3
    Judicial Panel

    W4
    Joining Forces: Preparing Clients for Litigation

    W5
    Claim Evaluation for the Franchisee Attorney

    W6
    Winning Round One: A Preliminary Injunction Motion in a Franchise Case

    W7
    Confidentiality Clauses – Scope and Effectiveness

    W8
    Franchising – Litigating the Definitional Elements

    W9
    When the Franchise Agreement Ends but the Relationship Continues 

    W10
    Enforcing System Standards – A Franchisor’s Prerogative? 

    W11
    Cybersecurity: Putting the Toothpaste Back in the Tube – Best Practices for Responding to a Security Breach 

    W12
    In Sync: What In-House Counsel and Business Clients Expect from Their Outside Counsel

    W13
    Beyond the Franchise Agreement: A Look at the “Other” Agreements Between the Franchisor and Franchisee

    W14
    Indemnification Provisions in Franchise Agreements: How to Draft Them and How to Enforce Them

    W15
    The Intersection of Franchise and Real Estate Law

    W16
    “Oh No, They Did What?! What Do We Do Now?” 

    W17
    The New FASB Rules

    W18
    Domain Name Management and Enforcement 

    W19
    Drafting the FDD for Multiple or Otherwise Complex Offerings

    W20
    Perspectives on Non-traditional Franchise Ownership Structures 

    W21
    Ethics: See Something, Say Something – The Ethical Obligation to Report an Attorney’s Misconduct 

    W22
    Regulatory Update 

    W23
    Establishing and Maintaining an International Compliance Program 

    W24
    How to Protect Your Brand in Foreign Countries

    2017: An Oasis of Opportunity

    W1
    Storytelling — The Importance of Theme-Building to Create a Persuasive Legal Narrative at All Stages of an Action

    W2
    Nipping It in the Bud — Effective Early Evaluation and Resolution of Franchise Disputes

    W3
    Basics of Franchisee Bankruptcies

    W4
    A New World for Trade Secrets in Franchising — New Options and Strategies Under the Federal Defend Trade Secrets Act

    W5
    Enforcing the Bargain or Buying Your Way Out? The Right to Specific Performance in Franchise Agreements versus the Concept of Efficient Breach

    W6
    Litigating Franchise Cases Under Unfair Trade Practices Statutes

    W7 
    States' Rights — Multi-State Franchise Relationships and the Application of Multiple States' Franchise Relationship Laws

    W8
    Caught in a Trap — Dealing with Customer and Patron Claims under the TCPA and ADA Against Franchisors and Franchisees

    W9
    Investigations Gone Wild — Use and Misuse of Private Investigators

    W10
    Yes I Can — Intellectual Property Fair Use in Franchising

    W11
    Privilege Issues in Franchise Systems

    W12
    New Fees, Same Work — Preparing and Responding to Alternative Fee Arrangements

    W13
    As My Franchisor Lay Dying — Franchisee and Franchisor Options in a Struggling System

    W14
    The Unwelcome Phone Call — Responding to Regulatory Audits & Investigations

    W15
    Regulatory Update

    W16
    Franchisee Associations to the Rescue — Using Associations and Advisory Councils to Avoid Joint Employer Risk and Enhance the Brand

    W17
    What's New and What's Next — The New Administration and Beyond

    W18
    Mergers & Acquisitions — The Basics for Buying and Selling the System

    W19
    Franchise Whole Business Securitization — Structure, Regulatory and Operational Considerations

    W20
    Click to Win — Boosting the Brand with Sweepstakes and Contests

    W21
    Between You and Me — A Toolkit for Counsel in and to Smaller Systems

    W22
    Franchising 201 — Effective and Compliant Use of Brokers and Sales Agents

    W23
    Canadian Fundamentals of Franchising

    W24
    International — The Subfranchisees Are Doing What?!

    2016: Soak Up the Franchising

    W1
    Cutting Edge or Bleeding Edge
    Paper

    W2
    Griffin and Weil One Year Later
    Paper

    W3
    Show Me the Money!
    Paper

    W4
    Mine is Better Than Yours!
    Paper

    W5
    Plowing New Ground
    Paper

    W6
    Litigation 201: The Use and Misuse of Experts
    Paper

    W7
    What You Don't Know Can Hurt You
    Paper

    W8
    Changes to the Federal Rules on Discovery
    Paper

    W9
    Vicarious Liability in Developing Areas
    Paper

    W10
    Pawn to D4
    Paper

    W11
    Is there Peril in Seeking Private Justice
    Paper

    W12
    Good Faith and Fair Dealing
    Paper

    W13
    Advanced Drafting of Financial Performance
    Paper

    W14
    Menu Labeling
    Paper

    W15
    Where's the Line
    Paper

    W16
    Structuring Shared Services
    Paper

    W17
    Advanced Issues in Franchisor Acquisitions
    Paper

    W18
    My Addenda Say What?
    Paper

    W19
    Coming to America
    Paper

    W20
    Insurance Dilemma
    Paper

    W21
    International: When Signing on the Dotted Line Isn't Enough
    Paper

    W22
    How to Navigate Landscape of Global Privacy
    Paper

    W23
    In the Trenches
    Paper

    W24
    Regulatory Update
    Paper

    2015: The Soul of Franchising

    2014: The Cutting Edge

    2013: Franchising in Full Animation

    2012: Franchising: Your Backstage Pass

    2011: Flying the Flag of Franchising

    2010: Franchising: Some Like It Hot!

    2009: The Architecture of Franchising

    2008: Deep in the Heart of Franchising

    2007: Franchising’s Next Frontier

    2006: The Fine Art of Franchise Law

    2005: Bridging the Divide