Most Highly Regarded Firms: Franchise 2011

• October 2011

• Franchise

In this section we analyse the findings of our research in greater depth to identify the firms and practitioners who stand out worldwide.

Consistently recognised as the world’s leading franchise law practice, seven-time Who’s Who Legal franchise law firm of the year, DLA Piper LLP is once again the best-represented firm in our research, with 15 of its lawyers ranking highly in the following pages.

Foremost among these lawyers is senior partner Philip Zeidman, who has also been recognised for the past seven years as the world’s leading franchise lawyer in our awards. In the course of his “hugely distinguished” and “ground-breaking” career, Zeidman has acted as general counsel to the International Franchise Association alongside maintaining an “unparalleled” international transactional practice, representing private companies and governments around the world. Joining him in the Washington, DC office, Erik Wulf enjoys a “very strong” reputation among peers for his work in domestic and international franchising, distribution and transactional work. John Dienelt is also well recognised in the US capital and his franchise litigation and class action work is held in “high regard” by sources.

The firm’s Chicago office is its best represented, with seven lawyers earning listings. Franchise and distribution practice chair Dennis Wieczorek is noted as a “national leader” for his work in complex transactions and as an expert witness in franchise litigation before, among other bodies, the US Congress. Former IBA franchising committee chair Michael Brennan has more than 25 years of experience in this field and has counselled US and international franchisors (including Fortune 500 companies) as well as advising governments on franchise legislation. Stewart Hershman counsels companies through the structuring of new franchise programmes, the restructuring of existing franchises, the termination and renewal or partnerships and rebranding and sources praise his “comprehensive” and “highly professional” approach. Joseph Sheyka earns recognition for his “first-rate” negotiation work and regulatory expertise, while Norman Leon is lauded as an “exceptional” litigator. Marc Seidler is of counsel to the firm and has a “huge reputation” for franchise disputes and trade regulation work and Richard Morey is a noted specialist in the structuring of new franchises and advising franchisors in compliance, registration and disclosure.

DLA’s Reston, Virginia office is home to the “very impressive” Barry Heller: a disputes specialist with a particular focus on franchise termination matters. At the same office, Brett Lowell is recognised for his work in franchise and distribution counselling for clients in a variety of industries, including food and hospitality, health care, financial services and real estate. The “excellent” Richard Greenstein is based in Atlanta and focuses his practice on transactional matters and advisory work for clients establishing and maintaining international and domestic franchise programmes. San Francisco-based of counsel Kim Lambert represents franchisors in domestic and international matters and brings “world-class” business acumen to the table according to sources.

Completing the firm’s strong showing and adding an international dimension to its listings is Beijing’s Richard Wageman, who chairs the franchise and advertising group in China. A specialist in direct investments and transactions, Wageman acts for a wide range of international franchisors doing business in China, and peers describe him as “top tier”.

USA

Almost half of the world’s leading franchise lawyers practise in the US according to our research, and the majority of the most highly regarded individuals in the current edition are based there.

Gray Plant Mooty is a “major player” in the US market and fields 10 professionals in the following pages. Michael Gray is a “great name” in franchise-related disputes and is one of seven lawyers to be listed from the firm’s Minneapolis headquarters. Recently, Gray has acted in such matters as Holtan Holdings, Inc v American Pie Pizza and Salads, Inc and Cleveland v AmeriSpec, and sources praise his “outstanding” abilities both in litigation and ADR proceedings. Fellow principals Gaylen Knack and Max Schott are also based in Minneapolis and are “deservedly renowned” for their work in structuring franchise and distribution programmes and handling transactions. Three lawyers appear from the firm’s Washington, DC office and respondents to our survey heap particular praise on Carl Zwisler, whose 35 years of experience in structuring, licensing, distribution and acquisitions work have earned him a “sterling reputation”.

Reston-based “franchise powerhouse” Plave Koch PLC sees seven of its lawyers, including both name partners, listed in this edition. Lee Plave is internationally recognised for his drafting and negotiation work as well as his “leading” expertise in the application of new technology and social media to franchise programmes and his representation of clients before the FTC. The “fantastic” David Koch is known for his work in complex corporate and commercial franchise transactions, regulatory advice and antitrust counselling.

Kilpatrick Townsend & Stockton LLP’s Rupert Barkoff has been practising franchise law for nearly 40 years and is “in the front rank” of lawyers internationally in this discipline. Sources noted his accomplishments both in franchise litigation and ADR as well as licensing, trade regulation and antitrust matters. Also at the Atlanta office, Chris Bussert is a “talented” disputes specialist, having acted successfully on behalf of the Dwyer Group and Network Communications in recent matters.

Jonathan Solish of Bryan Cave in Santa Monica is chair of the California Franchise Law Committee on revision of California Franchise Laws, and has acted in numerous precedent setting cases, including, most recently, AYU Global v Sumitomo Corp in the California Supreme Court. Joining him is licensing, compliance and antitrust counselling expert Kenneth Costello, whose knowledge of franchise trade regulation is described as “second to none” by one peer.

Ann Hurwitz is based in the Dallas office of Baker Botts LLP and is “a superb name” in domestic and international franchise structuring. An authority on operational and regulatory issues, brand acquisition and disposition and the restructuring of franchise and distribution programmes, Hurwitz regularly acts for clients in a range of industries, including the hospitality, retail and restaurant sectors. At the same office, Will Woods is also noted for his transactional work.

OTHER LEADING JURISDICTIONS

Across the border in Canada, our research uncovers a number of internationally prominent individuals and firms.

Consistently recommended as one of the leading franchise lawyers in the world, Frank Zaid joined ADR Chambers at the beginning of 2012 as Chair of the Franchising Expert Panel. Zaid’s extensive experience in franchising includes being involved with over 300 franchise systems, and participating as an owner/investor as both franchisor and franchisee in several franchised businesses, and he will focus on mediation and arbitration in his new role.

Jennifer Dolman of Osler Hoskin & Harcourt LLP is recommended for her franchise litigation work and counts General Motors of Canada, Aaron Rents and Piaggio Group Americas among her clients. At the same firm, Andraya Frith and Dominic Mochrie are both noted for their advisory work to foreign and domestic clients expanding their franchises in Canada.

Cassels Brock & Blackwell LLP’s Larry Weinberg is “without doubt” one of the world’s leading franchise law practitioners, whose “broad-based” and “very accomplished” practice encompasses franchising, licensing, distribution and trademarks work in range of sectors including fashion, hospitality and automotive. Also listed at the firm is “excellent” litigator and ADR specialist Geoffrey Shaw.

Canadian “big hitter” Gowling Lafleur Henderson LLP fields three lawyers, including Vancouver-based national franchise and distribution practice co-chair Leonard Polsky, who comes “highly recommended” for his domestic and international franchising and IP work. Three lawyers also appear from Toronto’s Sotos LLP, with founder John Sotos earning particular praise from peers for his negotiating and restructuring skills.

Mark Abell of Field Fisher Waterhouse LLP emerges as England’s leading franchise practitioner and is recognised internationally as “one of the best”. Abell acts in major franchising, sponsorship, marketing and technology transfer matters in jurisdictions around the world and has made a “huge impression” on the global marketplace. At the same firm, dual-qualified Babette Märzheuser-Wood divides her time between the London and Düsseldorf offices and comes recommended for her “brilliant” transactional work in jurisdictions throughout the EU and Asia, particularly in matters related to the hospitality and leisure industries. Franchising and licensing group co-head Chris Wormald is also lauded for his transactional work, while Martin Mendelsohn is described as a “founding father” of international franchise law.

John Pratt of Hamilton Pratt is also considered a “major player” in England. A former chair of the IBA’s international franchising committee and the current director of the international franchise division of the ABA’s franchise forum, Pratt is “highly regarded” by peers globally.

Baker & McKenzie’s Penny Ward is described as a “world leader by respondents to our survey. Based in Sydney, Ward heads both the firm’s Australian and Asia Pacific franchise teams and is noted for her regulatory advice to domestic and international clients structuring and developing franchises in Australia.

The “small but very well established” Mason Sier Turnbull fields two lawyers from its Melbourne office in these pages. Founding partner John Sier is a “respected authority” in transactional and advisory matters and has assisted clients in corporate structuring and franchising operations throughout the Asia Pacific region. Philip Colman is another “big name” and enjoys a strong reputation for his disputes work.

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