Editorial: Franchise in California
01 August 2007
The strength of California’s economy and the growth of international franchising activity is reflected in the quality and quantity of the counsel found in the state. Our research recognises the following individuals as the leading lights of California’s franchise bar, where they represent franchisors, franchisees and companies of all sizes, in diverse industries.
Bryan Cave LLP prides itself upon its broad franchise and distribution practice, which, with practitioners based across the US and in the Middle East, serves a diverse client base. The firm’s strength in the area, and dominance of the Californian market, is reflected in this chapter, where five practitioners are listed. The group has grown gradually, with the hiring of Jonathan Solish and Kenneth Costello, formerly with Jenkens & Gilchrist LLP. Solish was identified numerous times during our research as “one of the very best” by both clients and peers for representing franchisors in court. In the last year Solish was involved in cases including Douglass v Super 8 Motels, and FF Orthotics v Good Feet. Costello joins Solish as one of the most highly ranked individuals in the research and is a “leading light in California”. Costello is a “prolific writer and speaker” as well as a “superb lawyer”. Brian Cole calls upon valuable experience from over 10 years spent in-house with one of America’s largest restaurant franchisors. In private practice Cole’s experience spans a wide variety of transactional and regulatory matters; he is currently the chair of the franchise law committee of the California State Bar’s business law section. No list of the state’s leading franchise lawyers would be complete without mention of Glenn Plattner, who was described as “brilliant” and “a top-class litigator who will put everything he has into giving you the best possible representation”. Plattner was also co-chair of the franchise law committee for the State Bar of California between 2003 and 2004. Joel Siegel completes the team from the firm’s Los Angeles office. Siegel deals with complex litigation within the franchise arena, across a wide variety of industries. Siegel is part of the International Franchise Association’s legal symposium task force and has been for the past three years.
The business litigation firm of Bartko Zankel Tarrant & Miller PC also put in a good performance in our research, with two entries. Franchise and distribution is one of six practice areas focused on by the firm. “Top-tier” Charles Miller is director of the firm and specialises in complex franchise litigation, and has “litigated extensively in the field and is well regarded”. His clients include 7-Eleven, and iSoldIt. Griffith Towle is a “big name in the market” and has experience that includes representing an international franchisor in several class actions. He also serves as a member of the steering committee of the litigation and dispute resolution division of the forum on franchising for the ABA and boasts such clients as Roma Franchise and Gymboree.
Holmes & Lofstrom LLP is one of four specialist franchise boutiques in this chapter. Both named partners performed extremely well in the research and received effusive praise from clients and peers alike. The “eminently qualified” David Holmes is executive editor of a forthcoming book on California Franchise Law for the Continuing Education of the Bar and is currently vice chair of the newly formed State Bar franchise and distribution law advisory commission, which is charged with developing and administering standards and procedures for certifying California lawyers as franchise and distribution law specialists. He is due to become chair next year. His clients include national and international mature franchise systems, as well as new and beginning franchise companies. Lori Lofstrom is known among her peers as an “absolute star” and in the last year has been franchise and business counsel to Pinkberry frozen yogurt.
Rochelle Buchsbaum Spandorf is the most highly nominated individual in the research. She draws the spotlight on to Sonnenschein Nath & Rosenthal, which has a strong reputation in the market. As the former chair of the American Bar Association’s forum on franchising, Spandorf is “eminently qualified” and has acted for US investors acquiring the master franchising rights to Pizza Hut in Vietnam. Spandorf is said to do “more franchise work than anyone else in California” and is experienced in all forms of franchise counselling. Her practice is international in scope and sees her working with US and foreign companies seeking to expand their franchise and distribution networks abroad. A prolific writer and speaker, Spandorf is one of the authors of two books on franchising that are currently in production, both due to be published by the ABA. Stafford Matthews recently joined Sonnenschein and is based in the firm's San Francisco and Silicon Valley offices. Known to his contemporaries as “highly skilled and technically competent”, Matthews also has specific expertise in issues related to the wine distributing and franchising programmes.
Susan Grueneberg from Dreier Stein & Kahan LLP is a “leader in the field” and is among the most highly nominated individuals. Grueneberg is past chair of the ABA’s forum on franchising and is well respected by her competitors and praised by her clients. Another individual who is well respected in the field is Gerard Davey, from his own law offices. Davey is the “go-to guy in Costa Mesa”, according to at least one source. Michael Lindsey from the Los Angeles office of Paul Hastings Janofsky & Walker LLP is another “stellar practitioner” who “should be on everyone’s list”. A member of the steering committee of the international franchise and distribution division of the ABA forum, Lindsey has written a great deal on franchise law for the ABA, including serving as co-editor-in-chief of International Franchise Sales Laws. Mary Elizabeth Trice is chair of the franchise group at Fitzgerald Abbott & Beardsley LLP. Representing both franchisors and franchisees, Trice is “outstanding” and “extremely experienced in franchise transactions and regulatory matters”.
Martin Fern from Silver & Freedman PLC is “well known in the area” with clients that range from large multinational corporations to entrepreneurial stage ventures. Fern is a prolific writer (he authored the three-volume treatise on Franchising Law, published by STP and CCH) and is often called upon as an expert witness on franchising and licensing issues. The firm has represented prominent American franchisors in the negotiation and structuring of franchise area development and subfranchising agreements in Canada, Mexico, South America, Europe, Asia and the Middle East.
“Fantastic lawyer” Robin Day Glenn founded the Franchise Law Team in 1985 and was highly recommended by clients and peers. The Franchise Law Team primarily represents franchisors. Glenn is an arbitrator and mediator with the American Arbitration Association and Franchise Arbitration and Mediation, serving on the AAA’s franchise advisory panel.
Peter Lagarias, from the franchise litigation and employment law firm Lagarias & Boulter LLP, is another individual with a fantastic reputation. Lagarias is a “tenacious and impressive trial lawyer” who concentrates his practice in the representation of franchisees, distributors and dealers, and franchisee associations.
Rodney Hatter practises at his own firm and is “a real pleasure to work with”, a “forward thinker” and in possession of “some fantastic experience”, according to multiple sources. Hatter has served as senior associate counsel for Pizza Hut and general counsel for Taco Bell Corp, California’s largest and most successful franchisor.
Gerard Davey completes this chapter and was recommended by a number of high-profile individuals for his “tremendous work”.