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Most Highly Regarded Firms: Franchise 2010

Who's Who Legal highlights the leaders in this practice area in 61 jurisdictions. One firm stands out in this edition: DLA Piper has 17 individuals listed from its offices in the USA, China and Hong Kong and is regarded as “the go-to firm for franchise”.

THE INTERNATIONAL WHO’S WHO OF FRANCHISE LAWYERS 2010
Most highly regarded individuals
LawyerFirm
Philip Zeidman DLA Piper LLP (US), Washington, DC
Lee Plave Plave Koch PLC, Reston,VA
Andrew Loewinger Nixon Peabody LLP, Washington, DC
John Baer Greensfelder Hemker & Gale PC, Chicago
Erik Wulff DLA Piper LLP, Washington, DC
Lawrence Weinberg Cassels Brock & Blackwell LLP, Toronto
Frank Zaid Osler Hoskin & Harcourt LLP, Toronto
Mark Abell Field Fisher Waterhouse LLP, London
Penny Ward Baker & McKenzie, Sydney
Rupert Barkoff Kilpatrick Stockton LLP, Atlanta

DLA Piper

Philip F Zeidman is the most nominated lawyer in the research. Interviewees describe him as “dean of the international franchise bar”. He is renowned for his international transactional practice and his counsel to a number of governments and organisations worldwide. Erik B Wulff is also based at the firm’s Washington DC office and one contributor commented that “he is able to provide invaluable business guidance to help clients through the deal”. John F Dienelt is chair of the franchise litigation practice group and is regarded as an “exceptional” litigator. He has handled more than 75 cases and has argued more than 25 appeals in federal and state courts and the United States Supreme Court.

In Chicago, the “first-rate” Dennis E Wieczorek is chair of the franchise and distribution practice group and immediate past chair of the American Bar Association forum on franchising. The “excellent” Stuart Hershman has 25 years of experience in the field while Michael G Brennan is the former chairman of the franchising committee of the International Bar Association and “provides highly sought after business advice”. Joseph W Sheyka is a “definite inclusion” and is a frequent lecturer on franchising and distribution topics and Norman M Leon is extremely well regarded. Marc P Seidler has 30 years of experience before the courts throughout the US and is “highly rated” for his franchise litigation practice. Richard J Morey focuses on advising both experienced and start-up companies in assisting with new franchise programmes and efficient single and multi-unit franchising.

Two individuals are listed from the firm’s Reston, Virginia office. The “outstanding” Bret Lowell advises clients in a broad range of industries that include the food service, car rental, health care, high-tech and retail sectors. Barry M Heller is “highly experienced” in handling franchising disputes throughout the US both as a litigator and arbitrator. In Atlanta, the “client focused” Richard G Greenstein advises clients on the establishment and maintenance of domestic and international franchise programmes, transactions and sales and acquisitions of franchise systems. Kim A Lambert is based in San Francisco and returns to the firm after serving as general counsel for California Closet Company and advises domestic and international clients on their franchising programmes, third-party agreements, franchise disputes and antitrust issues.

Richard Wageman chairs the firm’s franchise and advertising group in China from the Beijing office. He represents a number of clients on their franchising operations in the country. Mabel Lui is based in Hong Kong and is consistently nominated for her franchise counsel. Tony Conaghan in Brisbane is "absolutely first rate" and praised for his work on franchise related disputes and commercial work.

US: Home of Franchise Law

Gray Plant Mooty is another highly rated law firm in the edition with eight listings in the following pages. Interviewees praise the “sheer level of quality” provided by the firm’s franchise and distribution practices. Four individuals are listed from the Washington DC office. Peter Klarfeld is a “very fine litigator” and previously served in the US Department of Justice as an attorney-advisor in the Office of Legal Counsel. Carl Zwisler has 35 years of experience advising clients in all phases of domestic and international franchising while Arthur Cantor is a “terrific attorney” and represents clients in franchising and antitrust matters. Robert Zisk has extensive experience in representing national franchisors in federal and state courts and develops sophisticated programmes for clients to address cases of intentional underreporting.

In Minneapolis, the “superb” Gaylen Knack helps clients structure their domestic and international franchise programmes and advises on regulatory issues. Franklin Jesse Jr is highly rated for his counsel relating to the development and implementation of clients’ projects of international expansion and chairs the firm’s international team. Kirk Reilly is co-chair of the franchise and distribution practice group and provides “esteemed” counsel on a broad range of issues that include breach of contract, earning claims, advertising funds, liquidated damages and vicarious liability. The “sharp, responsive and client focused” Michael Gray is lead litigation counsel for a number of national franchise companies and has litigated, arbitrated and mediated highly complex cases in over 36 states.

Plave Koch PLC also has a strong contingent of franchise lawyers with seven individuals featured. Lee Plave is a “franchise guru” and advises clients on the drafting and negotiating of franchise agreements for complex domestic and international transactions in addition to all aspects of franchise law. The “top-notch” David Koch represents clients regarding the creation of franchise programmes, regulatory compliance, disputes and corporate transactions. John Tifford is “highly experienced” in a range of matters that include implementing strategies addressing the offer of distribution relationships to prospective franchisees and defending against federal and state regulatory investigations and enforcement actions. He has also testified as a franchise expert before Congress and state legislatures. Mark Kirsch is consistently nominated for his counsel and advises clients in a broad range of industries such as the food, hospitality, health care, car rental, computer and telecommunications sectors.

Faegre & Benson LLP gains six listings from its offices in Minneapolis and Denver. In Minneapolis, Brian Schnell heads the franchise team that boasts a clientele of 200 franchisors with headquarters in 35 states and seven countries. The “very smart” William Killion has handled every variety of franchise related dispute and assists clients to develop programmes that reduce the risk of claims. Kerry Bundy is a “significant franchise lawyer”; she is a member of the governing committee of the American Bar Association forum on franchising. The “well respected” Jeffrey Brimer stands out at the firm’s offices in Denver. With strong business credentials as a former vice president, secretary and general counsel of Medicine Shoppe International, he counsels clients in the retailing, construction, hotel and restaurant industries.

Haynes and Boone LLP has four lawyers featured. Joyce Mazero is leader of the restaurant and retail industries and franchise and distribution law practices. She assists clients in developing strategy and structuring, negotiating and resolving disputes for domestic and international franchise systems and contributors noted that “she can be relied upon during a crisis”. Deborah Coldwell is regarded as “one of the top litigators” and has successfully tried a number of jury trials, bench trials and arbitrations. In Washington DC, Jan Gilbert has more than 20 years of experience counseling franchisors on all facets of domestic and international franchising. He is regarded as a “very responsive” lawyer. Robert Lauer represents clients in relation to the structuring and negotiation of multiple franchise transactions, compliance with domestic and international registration and disclosure laws, due diligence reviews and dispute resolution.

Dady & Gardner PA has four highly nominated individuals and has an “established reputation” for representing franchisees. The firm currently represents more than 20 national franchisee and dealer associations. J Michael Dady is a “fantastic” litigator and is well known in the franchise community. Ronald Gardner is managing partner. One interviewee noted that “he is a cut above the rest, he has a thorough understanding of the franchisor/franchisee relationship and does everything he possibly can for his clients”. He is chair of the American Bar Association forum on franchising. Scott Korzenowski has helped to shape new legislation to provide additional protections to franchisees and has helped dozens of franchisees achieve successful resolutions to their disputes with franchisors. Jeffery Haff is a new addition to the firm and has over 21 years of experience representing franchisees throughout the US.

Nixon Peabody LLP also has a strong contingent of lawyers listed. In Washington DC, Andrew Loewinger is one of the most highly nominated lawyers in the research and is co-leader of the firm’s franchise team. He has handled several hundred franchise transactions and joint-ventures in more than 85 countries and is regarded as being “at the top of his game”. Arthur Pressman in Boston provides “first rate” counsel in the retail, hotel, real estate and consumer services industries. Craig Tractenberg is a “very talented” litigator and advises clients on licensing issues. Robert Ebe specialises in antitrust and trade regulation issues and has drafted nationwide distribution agreements and related documentation.

At SNR Denton LLP, Robert Joseph provides “clear cut advice” and works with clients to develop business strategies, distribution policies and transactions. Interviewees note Alan Silberman’s “outstanding reputation”. He has 40 years of experience in franchising litigation, counselling and transactional representation. Joel Siegel counsels clients on regulatory matters with both state and federal government agencies. He was the youngest attorney ever to chair the franchise law committee of the California state bar business section. Stephen Rovak is a fellow of the American College of Trial Lawyers and is chair of the corporate and speciality litigation practice and has successfully litigated in a number of class actions.

In Chicago, John Baer of Greensfelder Hemker & Gale PC, who recently moved from SNR Denton, is vice chair of the International Bar Association’s international franchising committee and has a “revered” transactions practice. In Atlanta, at Kilpatrick Stockton LLP, Rupert Barkoff has over 37 years of franchise law experience and advises start ups, national and regional franchisors in the establishment and operation of their franchise systems. He also acts as a mediator and arbitrator in franchise disputes.

Other Leading Markets

A number of individuals stand out in the Canadian franchise market. Osler Hoskin & Harcourt LLP’s Toronto office receives three listings. Frank Zaid is a “world class” franchise lawyer and the Canadian Franchise Association honoured him in 2009 with its lifetime achievement award. Jennifer Dolman and Andraya Frith join him in the following pages.

At Gowling Lafleur Henderson LLP in Toronto, Ned Levitt is a “big name” in the franchise community and is past general counsel to the Canadian Franchise Association. In Vancouver, Leonard Polsky is “highly knowledgeable” and Peter Snell provides “value added” counsel.

Lawrence Weinberg at Cassels Brock & Blackwell LLP in Toronto is one of the most highly nominated practitioners in the research. He advises on all aspects of franchise law and was co-chair of the American Bar Association’s 2009 forum on franchising conference.

Field Fisher Waterhouse LLP is the leading firm in England. Mark Abell is “one of the best franchise lawyers in the UK”, Martin Mendelsohn is a “dean of the international franchise bar” and Chris Wormald is a “serious player” in the legal market and is joint head of the franchising and licensing group. Babette Märzheuser-Wood has an “outstanding reputation” for her work in the hotel and leisure sectors.

González Calvillo SC performs excellently in the research with four listings and stands out as a “go-to-firm” for franchising in Mexico. Jorge Mondragón is a “fantastic” lawyer and advises a broad range of clients. Pablo Hooper Ramírez, Enrique González Calvillo and Alfredo Chávez Goyeneche are all recommended for their “client focused” approach.

PFP Prof Flohr & Partner Rechtsanwälte is a new and promising outfit in the franchise legal market. Eckhard Flohr, Albrecht Schulz and Amelie Pohl leave Tigges Rechtsanwälte to set up the new firm. All provide “highly reputable” counsel.

In Sydney, Penny Ward of Baker & McKenzie is the most highly nominated franchise lawyer in Australia and provides advice on franchise agreements, structuring, regulation and development. She joins this practice area’s elite group of lawyers.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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