Editorial: Franchise
01 November 2007
| Most Highly Regarded Individuals - Global | |
|---|---|
| Lawyer | Firm |
| Philip Zeidman | DLA Piper US LLP, Washington, DC |
| Richard Asbill | Paul Hastings Janofsky & Walker LLP, Atlanta |
| Frank Zaid | Osler Hoskin & Harcourt LLP, Toronto |
| Andrew Loewinger | Nixon Peabody LLP, Washington, DC |
| Eric Wulff | DLA Piper US LLP, Washington, DC |
| Lee Plave | Plave Koch PLC, Reston |
| John Baer | Sonnenschein Nath & Rosenthal LLP, Chicago |
| Martin Mendelsohn | Field Fisher Waterhouse LLP, London |
| Chris Wormald | Field Fisher Waterhouse LLP, London |
| Rupert Barkoff | Kilpatrick Stockton LLP, Atlanta |
| Andrew Scott | Paul Hastings Janofsky & Walker LLP, Atlanta |
| Michael Brennan | DLA Piper US LLP, Chicago |
| Markus Cohen | Markus Cohen Law Office, Toronto |
| Kenneth Costello | Bryan Cave LLP, Los Angeles |
| Joyce Mazero | Haynes & Boone LLP, Dallas |
| Carl Zwisler | Haynes & Boone LLP, Washington, DC |
| Dennis Wieczorek | DLA Piper US LLP, Chicago |
| Edward Dunham | Wiggin & Dana LLP, New Haven |
| Mark Abell | Field Fisher Waterhouse LLP, London |
| Ann Hurwitz | DLA Piper US LLP, Dallas |
| Bret Lowell | DLA Piper US LLP, Reston |
| Rochelle Spandorf | Sonnenschein Nath & Rosenthal, Los Angeles |
Franchising is proving more and more popular with companies from all sectors and everywhere. The increasingly global nature of the practice area ensures that a greater number of individual countries and practitioners are featured than in any previous edition.
UNITED STATES
DLA Piper LLP dominates the research for this edition, with 16 practitioners featured, The firm is a titan in the United States, the country with the most exported brands in the world, (DLA Piper lawyers from outside the US also make the grade including two from its Asia offices). Washington, DC's Philip Zeidman leads the charge for this franchise powerhouse, garnering more votes than any other lawyer in the publication. Zeidman has won the Who's Who Legal Franchise ‘Lawyer of the Year Award' every year since its inception and comments from his peers reflect the universal esteem in which he is held - as one source said, "Who wouldn't recommend him?" This "guru of franchising" focuses on US and international distribution, licensing and franchising, and is a renowned speaker on the subject. He acts as general counsel to the International Franchise Association (IFA) and special counsel to the Japan Franchise Association, and has advised many governments and NGOs on franchising and related legislation. Washington is home to a further two DLA Piper practitioners on our list, both considered "eminent" by their peers. Erik Wulff also loomed large for his "excellent advice" for companies planning domestic and international expansion - he was part of the team advising Maxxsonics USA on its expansion into Europe through the purchase of German audio product manufacturer MB Quart. Respondents also give John Dienelt "two ticks". Dienelt chairs the firm's franchise litigation practice and, with 25 years' experience, peers rate him as "one of the best and brightest" for franchise litigation, especially complex matters including class actions. The firm's branch in Reston, Virginia produces two "real stars", according to sources. Bret Lowell is a "highly influential player" whose practice is renowned worldwide and covers industry areas including car rental, hotel and motel, financial services, high-tech, restaurants and food service, and retail. Former director of the American Bar Association (ABA) forum on franchising's litigation and dispute resolution division Barry Heller's litigation and arbitration practice is noted, especially his work on termination matters and complex disputes. He is also widely published and co-authored the manual Franchise Litigation Claims. The DLA Piper office in Illinois produces the greatest number of nominations in the chapter: six of its lawyers appear. Deemed "very prominent", Michael Brennan is chair of the International Bar Association's franchising committee. His practice is divided between international and domestic matters. he advised representatives of the Malay government on proposed franchising legislation, and has also advised on setting up joint ventures to develop and operate themed restaurants in East Asia. Brennan is a prominent speaker and writer, and has served as co-editor of the International Encyclopedia of Franchising. The "collected and knowledgeable" Dennis Wieczorek is "a respected presence" in the market, with over 25 years' experience of franchise litigation and transactional matters. The "excellent" Stuart Hershman is "a trusted counsel" to many companies through the entire franchising process, from structuring programmes to restructuring existing ones, dealership and distribution relationships and terminating and renewing franchise relationships. "First-class counsel" Joseph Sheyka is co-author of General Franchising Considerations and also a frequent lecturer on the topic. Marc Seidler is "an inspiring litigator" with a successful domestic and international franchise arbitration practice - he is a member of the American Arbitration Association's large and complex case panel. Richard Morey completes the Chigago office's representation. Morey represents franchisors at all stages of development in structuring franchise programmes and advising on compliance and other issues. He has an extensive international practice working on transactions in Asia, Europe, the Caribbean, the Middle East and Central America.
"Right up there with the best", Texas's Ann Hurwitz at the Dallas office counsels companies from industries such as hotel, retail, automobile rental, convenience store and communications on the structuring and operation of franchise programmes. David Beyer practises in the DLA Piper office in Tampa, Florida. His counsel to companies on all issues of franchise law was deemed "extremely sound" by competitors, who drew attention to his representation of franchisors on technology issues such as website development. His practice also has a strong regulatory aspect and he has served several terms as chair of the Florida Bar's franchise law committee. Atlanta practitioner Richard Greenstein's domestic and international practice focuses on establishing and maintaining franchise programmes as well as day-to-day counselling, compliance, franchisor-franchisee relations and dispute resolution. The firm's final two practitioners on our list highlight DLA Piper's strong presence in the Asian market, reflecting in turn the jurisdiction's importance in the world of franchising. Richard Wageman at the Beijing office specialises in advising companies with existing franchise interests in China as well as those wishing to begin a programme in the jurisdiction. Mabel Lui rounds off the firm's phenomenal performance. This Hong Kong practitioner comes "highly recommended". Lui advises foreign companies on moving into the Chinese and Hong Kong markets and was described as "an established name for cross-border transactions".
Sonnenschein Nath & Rosenthal LLP fields an "outstanding" US franchise group - five of its "highly reputable" practitioners feature here. The group is particularly renowned for its litigation on behalf of domestic and international franchisors, and its transactional and advisory practices were also warmly recommended. Clients include McDonald's, hair salon chain Opal Concepts (Fantastic Sams) and Elias Brothers Restaurants. Three Chicago-based practitioners make the cut, with the "outstanding" John Baer leading the charge. His international practice focuses on advising domestic and foreign companies on issues including the use of sales representatives. He has published and spoken frequently on the subject. Robert Joseph is a litigator with a "fabulous reputation" among his peers, with a 35-year track record. He was involved in litigation regarding distribution issues for McDonald's. Chair of the firm's national antitrust, marketing, franchise and distribution group Alan Silberman is "a veteran of the practice area" who "commands respect". His practice encompasses counselling and litigation as well as ADR proceedings. He has acted for McDonald's on various litigation matters as well as acting as counsel on issues including compliance, franchise law and franchise relationships. Other clients have included Intercontinental Hotels, Sara Lee and Midas International. Rochelle Spandorf in Los Angeles is "a valued member of the bar", with both domestic and international transactional and counselling expertise. Projects include representing US investors in the acquisition of master franchising rights to develop Pizza Hut restaurants in Vietnam. St Louis practitioner Steven Rovak completes the firm's strong showing. Rovak chairs the office's litigation practice and has "a substantial record" of cases representing franchisors at trial. He also advises franchise clients on franchisor-franchisee relationships.
Haynes and Boone LLP is another established player in the field, with a client list that includes Blockbuster Entertainment, Domino's Pizza, International Dairy Queen and Travelodge. Three Texas practitioners are included here. Sources "couldn't say enough good things" about Dallas lawyer Joyce Mazero. The "truly outstanding" leader of the firm's franchise and distribution group, and restaurant and food-service industries practice was particularly noted for her representation of franchisors in the food industries. Mazero has a "fine reputation" for international franchise matters and is also regularly published on the subject. At the same office, Deborah Coldwell was thought of as "one of the very best" by sources. This "highly capable litigator" focuses mostly on US-based litigation. She has represented Curves International and Days Inn Worldwide, among others. Based in Austin, Gayle Cannon also received much praise for her "very sound advice" to a wide variety of clients in the sector. She counselled a ceramics studio owner on the expansion of its chain via various methods, including franchising. In Washington, DC, "prominent practitioner" Carl Zwisler brings the firm's presence here to four, his practice including structuring programmes and also renegotiating international franchise relationships when they become troubled. He has represented foreign companies entering the US market as well as domestic companies venturing abroad.
Paul Hastings Janofsky & Walker LLP's group was universally lauded, with three highly nominated practitioners featuring. Clients such as Mighty Distributing System of America and Laureate Education have sought its lawyers' expertise. "Superb" Atlanta practitioner Richard Asbill's clients hail from the hospitality and lodging, food service, automotive, education, optical and bookkeeping industries, to name but a few. Peers complimented Asbill on his "highly impressive" aptitude for complex transactions and his international work. Andrew Scott is a member of the ABA's forum on franchising and chairs the international franchising committee of the IBA. His "fabulous technology practice" scored highly among respondents and he has served as lead counsel on many transactions around the world. He has also established international franchising arrangements in various jurisdictions. The firm's third representative is based in Los Angeles. "Excellent" Michael Lindsey is another partner with a technology-oriented practice and a member of the steering committee of the international franchise and distribution division of the ABA forum on franchising.
With clients ranging from bakeries and educational centres to retail services and hospitality businesses, Nixon Peabody LLP is "highly regarded" in the franchise community. The group is well known for its handling of complex issues surrounding the Ground Round restaurant chain's bankruptcy and the consequences for its 71 franchisee-owned locations. DC-based co-leader of the
international franchising practice, Andrew Loewinger has "considerable experience" of international franchise transactions and was the first director of the ABA forum on franchising's international franchise and distribution division. "Fabulous" fellow practice head Arthur Pressman is based in Boston, where he has been lead trial counsel in cases involving Avis, Huntington Learning Centres and Dunkin' Donuts. The firm's final representative, Craig Tractenberg is based New York and Philadelphia and engages in litigation involving termination, non-renewal and cyberspace. He also works on acquisitions and dispositions of franchise systems and restaurants, and business counselling.
Plave Koch PLC is a new franchising firm in Reston, Virginia, formed in 2007 by former DLA Piper lawyers Lee Plave and David Koch. Three of its lawyers make the final listing. Lee Plave is "involved on many trailblazing transactions", focusing on complex international and domestic work and specialising in technology issues related to franchise law. Dave Koch offers "invaluable counsel" to franchisors on the creation and maintenance of franchise programmes. He also offers advice on compliance, vendor arrangements, privacy and website issues. Before entering private practice, Koch served at the Federal Trade Commission. Mark Kirsch completes the trio for this "high-end boutique". Kirsch counsels domestic and international companies on franchise and distribution matters in sectors such as car rental, education and training, retail and real estate. His transactional experience is complemented by work in the ADR arena.
Minnesota is a hub of franchising activity, with firms based there enjoying great success in this year's research. The "first port of call for many franchisees", Dady & Garner PA. is an "internationally respected" franchise boutique based in Minneapolis, with four of its partners included here. Founder Michael Dady is a "superstar" of the franchise bar, representing franchisees in disputes with their suppliers and franchisors in the farm equipment, automobile dealership, beverage distribution and food industries, to name but a few. Fellow name partner Michael Garner can also boast "notable victories" in the courtroom, such as the successful representation of State Farm agents against State Farm for contract breach. Respondents also praised his "seminal" treatise Franchise and Distribution Law and Practice. Managing partner Ronald Gardner focuses on resolving disputes through litigation, negotiation, mediation and arbitration for clients from the automobile, fast food, construction equipment and agricultural implement industries and has secured victories against franchisors such as Taco Bell. Scott Korzenowski completes the firm's contingent, praised by peers for representing clients such as Jamba Juice, Pizza Hut and Nursefinders.
Three practitioners from Bryan Cave LLP's California offices figure in this edition. Featuring in our list of "most highly nominated" practitioners, Kenneth Costello is an "impressive international lawyer" who concentrates on inbound and outbound transactions worldwide. Sources drew particular attention to his deals in the Middle East. Santa Monica-based Jonathan Solish combines an "impressive litigation practice" with the representation of franchisors on issues such as supplier restrictions, RICO claims and mergers, acquisitions and sales of franchise systems. Also in Santa Monica, Joel Siegel has represented franchisors in litigation matters and provided counsel in areas such as distribution systems, sale and acquisitions of franchise systems and compliance issues. Three of Faegre & Benson LLP's "highly effective" practitioners are included here, all hailing from its Minneapolis office. William Killion is an "immensely gifted and experienced" litigator representing franchisors in cases involving special dealership statutes, unlawful termination, deceptive trade practices and antitrust laws. Head of the franchise practice, Brian Schnell focuses on transactional matters for franchisors of varying sizes and with a special expertise in advising start-up clients. This "intelligent practitioner" was often noted for his cross-border expertise. Mary Beth Brody completes the trio, and was dubbed a "top counsel", with many high-profile clients.
Gray Plant Mooty has a substantial US and cross-border practice. Lawyers from its Minneapolis and Washington, DC offices found favour with sources. Minneapolis is home to the "fabulous" Gaylen Knack, whose corporate and advisory practice is divided between domestic and cross-border work for the likes of Curves International and International Dairy Queen. His retail franchise work was highlighted, as was his representation of start-up concepts. At the same office, "experienced Chinese market specialist" Franklin Jesse chairs the international practice and has assisted companies of all sizes with major international expansion projects. In DC, Robert Zisk was praised for his representation of franchisors in litigation. His practice is particularly strong in the fast-food sector and he has represented clients such as Coldstone Creamery, Baskin Robbins and Subway Restaurants.
Our Washington, DC list is home to four lawyers from Wiley Rein LLP. "A respected name in franchise litigation and ADR", Peter Klarfeld is known for "attracting big cases". Arthur Cantor is another "formidable litigator", who also counsels franchisors in structuring, documenting and revising their franchise arrangements. "Excellent litigator" James Rubinger is praised for "sound compliance advice". Robert Smith counsels a broad range of franchisors, with a special focus on franchisors in the restaurant industry, such as Champs Restaurants and Bojangles'. His cross-border practice stretches to jurisdictions such as Russia, the Middle East, Asia and Ireland.
CANADA
With 15 lawyers included in this edition, Canada is the best-represented jurisdiction outside the United States. A key area for franchise law, this diverse and successful market enjoys close ties with the US and a busy exchange of franchising activity - it is often the first port of call for US franchisors beginning international expansion. "Top drawer" Frank Zaid leads the franchise and distribution group at Osler Hoskin & Harcourt LLP and advises clients on all aspects of Canadian franchise matters. Zaid, who hails from Toronto, has served as chair of the IFA's supplier forum and is past general counsel of the Canadian Franchise Association. Markus Cohen QC also scores highly. He operates at his own firm, Markus Cohen Law Office, a "top-flight" franchise boutique in Toronto. Also in Toronto, Sotos LLP is "a well established name in the market" with vast experience, including being retained by the African Development Bank to advise on franchising in the country, and acting for companies such as Cash Converters in litigation and transactional work. Two lawyers from this franchise boutique appear here. John Sotos is noted for his "substantial international practice", including significant commercial work in Australia, the US and Africa, for clients such as hotels and food and automotive companies. Arthur Trebilcock is counsel at the firm and received substantial endorsements from clients and peers. Gowling Lafleur Henderson LLP also boasts two listed practitioners. Vancouver's Leonard Polsky co-chairs the franchise and distribution law national practice. A "well-respected stalwart", he garnered votes for his broad transactional practice. Colleague Edward Levitt in the Toronto office is a past general counsel to the Canadian Franchise Association. A widely published author, he has also made television appearances in relation to the practice area and lectures regularly at universities and seminars. At full-service Toronto firm Cassels Brock & Blackwell LLP, "the very active and astute" Lawrence Weinberg has a broad practice and often contributes to the sector through published works and the lecture circuit. Lapointe Rosenstein's Alexander Konigsberg QC is a "highly experienced practitioner", deemed "one of Montreal's finest". The final Canada lawyer profiled here is the "terrifically knowledgeable" Joseph Adler of Hoffer Adler LLP in Toronto. Adler is known for the "great service" he provides in transactional matters for domestic and foreign firms. Clients include service and product-based and quick-service restaurant franchisors.
ENGLAND
A number of the practice area's frontrunners feature in the England section. Full-service European firm Field Fisher Waterhouse LLP specialises in international work for clients including Management Recruiters International Network Worldwide and the Wyndham Hotel Group. "Top practitioner" Mark Abell is an expert for the World Intellectual Property Organisation and World Trade Organisation on franchising and has worked on transactions all over the world, including the emerging Chinese market. Sources identified Babette Märzheuser-Wood as a "significant international practitioner" and "particularly proficient in German law". Her work in the hotel and leisure sectors was also noted. The practice has been bolstered by the formidibe lateral hire of two of Eversheds' most high-profile London practioners, Martin Mendelsohn and Chris Wormald. Martin Mendelsohn is considered an "éminence grise" of the practice area, with "vast experience", having worked on transactions all over the world for some 40 years. Chris Wormald also figures prominently here. Considered "an asset on any transaction", he has advised companies of all sizes, as well as government organisations. Paris-based Henri-Xavier Ortoli is now Eversheds' only entry in this edition. "Excellent as both a corporate and a commercial practitioner", he is also a renowned litigator and advises on ADR matters. John Pratt is senior partner at specialist franchise firm, Hamilton Pratt. He is current chair of the IBA's international franchise committee and received consistent praise for his representation of clients including Burger King and Dolland & Aitchison.
FRANCHISING WORLDWIDE
Outside of England, Canada and the US, Stuttgart-based CMS Hasche Sigle boasts the inclusion of "Germany's franchising guru" Albrecht Schulz. Respondents highlighted his skill as a litigator and he is chair of the legal committee of the European Franchise Federation. Advokatfirman Nova AB flies the flag for Sweden in this edition. One source deemed Anders Fernlund "Sweden's reigning champion" in the area. He devotes almost his entire practice to franchise and distribution. Italian lawyer Aldo Frignani heads his own firm, Frignani & Associati in Turin. Contributors emphasised his "significant standing" in the practice area, praising him as "one of the deans of the Italian bar". Dubbed "a truly international practitioner", Gerard Sautereau of Henry Sautereau in Paris impressed with his "excellent advice", and Yanos Gramatidis of Bahas Gramatidis & Partners in Athens also comes highly recommended as "the go-to lawyer in Greece". Gómez-Acebo & Pombo's "very impressive" Madrid practitioner Alberto Echarri is considered "among the best" in Spain.
Stephen Giles at Deacons' office in Melbourne is considered "top of the list" in Australia. He leads the firm's national franchising and distribution group and has represented ANZ, Boost Juice and Caltex, among others. Also based in Australia, Penny Ward represents Baker & McKenzie's "very impressive" practice and operates from its Sydney office. In New Zealand, the "well-known" Stewart Germann has his own practice, Stewart Germann Law Office, and boasts a significant domestic and international transactional and advisory practice. In Asia, Korean firm Lee & Ko's "experienced group" is represented by two lawyers, Kim Jae Hoon and Tae Hee Lee.