Editorial: Franchise in Illinois

01 July 2008

There are four new names in the franchise chapter for this edition, which highlights the growing talent in the already strong Illinois franchise Bar and the continued growth and interest in this market. Twenty practitioners have been selected, hailing from seven firms.

DLA Piper takes the lead in the nominations, with a remarkable eight entries. Top of the DLA list is the "phenomenal" Lewis Rudnick, senior counsel to the firm and "a vastly experienced figure". Rudnick has served as general counsel to the International Franchise Association and the International Franchise Association Educational Foundation and is an editor of the Journal of International Franchising and Distribution Law. Michael Brennan, the current chairman of the franchising committee of the International Bar Association, joins him on the following pages. Brennan has 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. The "top-rate" Stuart Hershman is the third entry for the firm and, like Brennan, a prominent speaker and writer. Hershman's practice covers the entire franchising process, from structuring programmes to restructuring existing ones, dealership and distribution relationships and terminating and renewing franchise relationships. Dennis Wieczorek "commands immense respect" among his peers and is chair of DLA's franchise and distribution practice group. Wieczorek is often retained as an expert witness in franchise litigation and has testified before the US Congress on the subject of franchise legislation. Joseph Sheyka is "one of the good guys" according to one source and is heavily involved in lecturing and speaking on franchise topics. He is co-author of General Franchising Considerations, published by the Illinois Institute for Continuing Legal Education in Organizing and Advising Illinois Businesses, and has a "well-respected practice". Marc Seidler is "an inspiring litigator" and arbitrator in the franchise arena. Seidler acts both as a party representative and as an arbitrator and comes highly recommended in the research. Norman Leon is a new addition to the publication, as is Richard Morey. Leon was described to researchers as "one of the best" and has litigated a wide variety of franchise disputes. Morey boasts an extensive international practice working on transactions in Asia, Europe, the Caribbean, the Middle East and Central America.

Sonnenschein Nath & Rosenthal LLP's franchise group is internationally renowned for its litigation on behalf of domestic and international franchisors. Its transactional and advisory practices are also highly recommended. Clients include McDonald's, hair salon chain Opal Concepts (Fantastic Sams) and Elias Brothers Restaurants. They field three "giants" in this edition, including the "wonderful" John Baer. Baer was one of the top performers in the research and has a broad transactional practice. He is also a prolific writer and speaker. Alan Silberman is the chair of Sonnenschein's national antitrust, marketing practice, franchise and distribution group and is an "expert on antitrust topics relating to franchise". Robert Joseph participated in a number of antitrust cases encompassing distribution issues for McDonald's and other franchisors and suppliers; he is an "outstanding practitioner" in the eyes
of his peers.

Mayer Brown LLP can also lay claim to one of Illinois's most prominent practitioners, Lee Abrams. Abrams has an impressive client list, with franchising litigation and counselling experience under his belt for major franchisors (including Burger King, Shell Oil and Taco Bell) and franchisee associations (Dairy Queen Operators' Association and Pizza Hut franchisee association). Diane Green-Kelly is at the "top of her game right now", according to one competitor, and is active in franchise-related civil litigation and consultation matters. Mark McLaughlin remains a "key player" in this area and is popular with both clients and peers for his "fantastic work ethic and honest approach".

Franchise is a key practice area for Cheng Cohen LLC and both "extremely capable" founding partners are listed in this edition. Before forming the firm both indivduals were partners at DLA Piper US LLP, with Fredric Cohen co-chairing the firm's franchise litigation practice. Cohen is a founding member of the Illinois State Bar Association's new franchise and distribution law committee, which was established this year to make recommendations for changes to Illinois law and administrative regulations. Cohen also led the defence of the Quizno's chain in connection with several nationwide class action litigations brought in state and federal courts across the country. Amy Cheng has a broad-based practice that has seen her represent start-up franchisors as well as veteran franchisors through all phases of development.

Schiff Hardin LLP also has two entries in this chapter. Paula Morency's practice focuses on franchise and distributor disputes and she teaches Trial Advocacy as an adjunct professor at Northwestern University School of Law. Robin Spencer joins Morency on the following pages and is also on the dispute resolution side. She has represented franchisors and franchisees in a variety of service, hotel and food systems, and in addition to her litigation practice advises franchisors with respect to their supply and distribution arrangements, programmes and plans.

Franchise is a key aspect of the full-service firm Riordan Fulkerson Hupert & Coleman's repertoire. Gary Leydig is an "excellent" addition to this publication. He represents and counsels dealers, distributors and franchisees located across the country.
Stahl Cowen Crowley Addis LLC can take pride in the selection of Carmen Caruso, who was consistently endorsed by his peers and has represented franchisors, franchisees, area developers, franchisee associations, distributors and dealers.