Most Highly Regarded Firms: Franchise 2009
Our research identifies 235 lawyers in 52 countries that offer clients the highest standards of franchise expertise in their home jurisdictions, and often beyomnd national borders.
The wide geographical spread of this book reflects the health of the industry and the increasing popularity of the franchise model worldwide.
One firm stands out: DLA Piper sees 15 of its partners listed from four countries, a greater breadth and depth of talent than any other firm. DLA Piper has represented more than 160 companies in international franchising and distribution matters.
At their head is Philip Zeidman, the most highly nominated lawyer in the worldwide research. Universally described as "pre-eminent", he is recognised for his international transactional practice as well as his teaching and counsel to governments and organisations across the globe. "He is absolutely world class," said one source; "it is difficult to think of anyone who knows more about franchise," said another. Alongside him in the DC office, Erik Wulff is an "extraordinary lawyer" who is well versed in all aspects of representing franchising and distribution companies. John Dienelt is chair of the franchise litigation practice group and a "disputes guru". He has tried, or handled arbitrations in, over 75 cases and has argued more than 25 appeals in federal and state courts as well as the US Supreme Court.
Five lawyers appear from the Chicago office. Dennis Wieczorek is chair of the firm's franchise and distribution practice group and immediate past chair of the American Bar Association forum on franchising: "he is one of the most eminent practitioners around". The "always brilliant" Michael Brennan chairs the franchising committee of the International Bar Association, and Stuart Hershman is extremely well regarded. Joseph Sheyka is "first class" and has more than 30 years experience in this field, while Marc Seidler is of counsel to the firm and "knows as much about franchise disputes as anyone".
DLA Piper's formidable US contingent also includes the "fantastic" Bret Lowell. The recipient of votes from sources worldwide, he has represented clients from the food, car rental, hotel, health-care, financial services and retail industries. Alongside him, Barry Heller is one of the most highly regarded franchise disputes specialists in the research, and is a former director of the litigation and dispute resolution division of the ABA forum on franchising. In Atlanta, Richard Greenstein is recognised for his transactional expertise, while David Beyer in Florida is "absolutely terrific".
One of the firm's major strengths is the ability to offer high quality franchise advice in a range of jurisdictions, and three partners appear from offices outside the US. Mabel Lui is well regarded in Hong Kong. Richard Wageman is of counsel to the Beijing office, where his advice to US clients looking to enter the local market is "priceless". Joycia Young is a new addition to this year's publication and provides clients with an "invaluable insight into the UAE market".
US THE HOME OF FRANCHISE LAW
The world's most developed marketplace, the United States, is home to nearly half of the lawyers selected for this publication. Several firms can claim to being global leaders in this sector.
Lee Plave left DLA Piper to set up Plave Koch PLC in 2007, and the firm has six lawyers in this edition. Plave himself is one of the most highly regarded individuals overall, recommended by all who come into contact with him and able to advise clients on all facets of franchise law. David Koch is similarly revered and is known throughout the US, following his tenure as attorney adviser to the chairman of the Federal Trade Commission. John Tifford also has a background at the FTC - he was the first coordinator of its Franchise Rule - while Mark Kirsch shares Plave's background at DLA Piper and is "one of the finest in the field". Leslie Curran is recognised for her top-tier transactional work while James Rubinger is a "learned and experienced litigator" who was particularly commended for post-merger disputes.
Gray Plant Mooty's six nominees are based in Minneapolis and Washington, DC. Carl Zwisler is "absolutely formidable with an impeccable track record", which includes acting as general counsel to the International Franchise Association (IFA). His reputation extends outside the US, and he is known for the quality of his advice both to companies entering the US market and to US clients operating abroad. Gaylen Knack's regulatory knowledge is highly prized by clients as is his "flawless" work structuring domestic and international franchise and distribution programmes.
The firm's practice was also boosted by the 2009 lateral hires of Peter Klarfeld and Arthur Cantor from Wiley Rein LLP. The former serves on the governing committee of the ABA's Forum on Franchising and is "widely respected", while Cantor is a recognised expert, particularly in antitrust matters.
Faegre & Benson LLP's six inclusions are also based in two US states. Brian Schnell stands out in Minneapolis as leader of the franchise team that represents more than 200 franchisors worldwide. A former chair of the IFA, he is the lead corporate franchise lawyer for more than 80 franchisors. Alongside him William Killion is "excellent for franchise disputes". Faegre & Benson is another firm to benefit from recent lateral hires, with the 2008 recruitment of Kevin Hein and Jeffrey Brimer "adding to an already strong practice". Both are based in Denver, with Brimer acting as special counsel and a "font of knowledge" as a former vice president, secretary and general counsel of Medicine Shoppe International and general counsel of HBE Corporation/Adam's Mark Hotels. Hein is fêted across the full spectrum of franchise work.
Sonnenschein Nath & Rosenthal LLP sees five of its partners featured. John Baer is one of the most highly regarded individuals in the global research, his profile further heightened through his work as vice chair of the international franchising committee of the International Bar Association's international sales, franchising and product law section. Peers have referred work to him "and have never been disappointed". Also in Chicago, Alan Silberman has 40 years' experience in antitrust and franchising litigation, counselling and transactions. Robert Joseph in DC is also recognised for the quality of his antitrust work, and is a former chair of the American Bar Association's section of antitrust law. Joel Siegel is another lawyer to have recently moved firms in this sector, and his litigation practice is extremely well regarded.
In Minneapolis, Dady & Garner PA sees four lawyers listed including both of the firm's named partners. Michael Dady is a revered litigator, while Michael Garner is well known for the successful jury trial of a test case on behalf of a dozen franchisees that led to a global settlement in their favour in excess of US$235 million. Ronald Gardner is managing partner of the firm and incoming chair of the ABA Forum on Franchising. Scott Korzenowski is recognised for his disputes work for franchisees, and has represented clients in the Dairy Queen, Pizza Hut and Subway franchise systems.
In Texas, Haynes and Boone LLP has a very strong group with three partners featured. Practice leader Joyce Mazero is a "hugely effective" lawyer who is particularly well known for her representation of clients in the foodservice industry. Deborah Coldwell is also a "very well-respected litigator", while Gayle Cannon, of counsel to the Austin office, can offer expertise gleaned from a career that includes serving as in-house counsel for a publicly traded franchisor, owning a franchise for ten years, and 17 years in private practice.
Paul Hastings Janofsky & Walker LLP has three very highly rated individuals. Clients and peers "have a lot of respect for" AnDrew Scott, who ranks among the leaders in the field. A member of the governing committee of ABA's forum on franchising and chair of the international franchising committee of the IBA, he is "one of the most eminent figures in the field". Michael Lindsey is one of the top franchise lawyers in California. Rick Asbill is the only person to have chaired both the governing committee of the ABA's forum on franchising and the international franchising committee of the IBA and is a "real scholar of franchise law".
Andrew Loewinger is one of three featured lawyers from Nixon Peabody LLP in Washigton, DC, and is "hugely respected at home and abroad". He earns a place among the practice area's elite. He co-leads the franchise team and is seen as "practically unbeatable" for corporate, regulatory, transactional and international work.
OTHER LEADING MARKETS
The Canadian franchise market is one of the most active after the US, and several local lawyers stand out. Chief among them is Frank Zaid of Osler Hoskin & Harcourt LLP, "the dean of Canadian franchise law". Co-chair of the national franchise and distribution law group, he is an expert on all aspects of the business and "knows all there is to know about the sector in Canada". Two colleagues in the following pages join him: the "very knowledgeable" Andraya Frith and Jennifer Dolman, a "superb litigator". Gowling Lafleur Henderson LLP also gains three listings, with Leonard Polsky particularly impressive. Co-chair of the practice, he is "absolutely excellent". In addition, "everyone knows" Ned Levitt, a former general counsel to the Canadian Franchise Association and "fantastic author" on related topics. Cassels Brock & Blackwell LLP's two nominees are both among Canada's finest. Lawrence Weinberg is exceptionally well regarded, while Geoffrey Shaw's litigation practice is also much admired. Also in Toronto, John Sotos is selected from the firm that bears his name, while Arthur Trebilcock is widely regarded as an authority.
England is another jurisdiction with a well-developed franchise marketplace, and one firm dominates the legal scene: Field Fisher Waterhouse LLP. Mark Abell "can be considered the leading franchise lawyer in Europe" in the views of one source, and Babette Märzheuser-Wood is "outstanding" and has transactional experience in all 27 EU countries. The firm's position as the market leader was assured when Chris Wormald and Martin Mendelsohn joined from Eversheds in 2008. Wormald, like Abell, is one of the world's leading practitioners and "commands a great deal of respect"; while Mendelsohn continues to offer his "profound expertise" to the firm and "arguably has more experience in franchise law than anyone else in Europe".
Elsewhere in the research, Stephen Giles from Deacons is Australia's most highly recommended individual and is "extremely skilled". Penny Ward of Baker & McKenzie in Sydney is "first class", while Stewart Germann is once again the leading franchise lawyer in New Zealand. The Mexican research clearly identifies González Calvillo SC as the leading firm, with three of the four lawyers listed, and Jorge Mondragón in particular was heavily nominated.
In Europe, Marco Hero of Tigges in Germany won praise for his "efficient and business-like approach", while Aldo Frignani of Frignani & Associati is the leading lawyer in Italy. Anders Fernlund of Advokatfirman NOVA AB is regarded as "Mr Franchise" in Sweden, and the "hugely impressive" Alberto Echarri of Gómez-Acebo & Pombo leads the field in Spain.