Editorial: Franchise in Florida

01 November 2007

The strength of Florida’s economy and growth of international franchising activity is reflected in the quality of the counsel found in the following pages. These figures are recognised as the leading lights of Florida’s franchise bar, representing franchisors, franchisees and companies of all sizes, in diverse industries.

Zarco Einhorn Salkowski & Brito PA is the only firm here with two practitioners listed. The franchise-focused firm represents franchisees such as Holiday Inn, Ramada, McDonald’s, Burger King, Pizza Hut, TGI Friday's, Coca-Cola and PepsiCo, in disputes against major franchise systems, as well as franchisee associations that include Johnny Rockets, Little Caesars and Wood You Furniture. Founding partner Robert Zarco was an extremely popular figure in the research, praised by fellow nominees as “very involved” and “well established”. Zarco has represented franchisees both nationally and internationally in disputes involving major franchise systems, and has acted in Mexico, France, Holland, Germany, Australia, New Zealand, the Caribbean and Portugal. Robert Einhorn is managing partner and regarded by his peers as “first rate for litigation”. Einhorn does a great deal of work with franchisee associations and is a member of the American Association of Franchisees and Dealers (AAFD) and currently serves on the AAFD fair franchising standards committee.

David Beyer from DLA Piper US LLP is this chapter’s most highly nominated individual, described as a “first-class transactional lawyer” with a broad practice, representing franchisors and sub-franchisors in all aspects of the law. A prolific author and speaker, Beyer is a “high-profile figure” in the Florida market. He has recently developed a reputation for representing franchisors in technology-related issues, including website development, e-commerce, cybersquatting and channel conflict.

Michael Joblove is another “stellar practitioner” and leads the franchise litigation practice at Genovese Joblove & Battista. The firm represents the Miami-based Burger King (providing national franchise counsel to the fast food giant and handling their litigation with respect to franchisees throughout the US) and other franchisor clients across the country, including franchise systems such as Jamba Juice, BP Amoco and Taco Bell Corp. Joblove was praised by clients and peers alike, with one source noting the “excellent work he has done for Burger King”.

Keith Kanouse from Kanouse & Walker PA was also recommended as “extremely active”. Kanouse has served as an expert witness in franchise matters and is “a leading authority” in the area. The firm represents both franchisors and franchisees and independent franchisee associations in a wide variety of matters, from the transactional to the litigious.

Leslie Smith is chair of Buchanan Ingersoll & Rooney PC’s franchise and distribution group. Smith represents franchisors in a wide variety of commercial disputes and has also been involved in NASD arbitrations. She represented a hospitality franchisor client on its counterclaim for breach of a franchise agreement as well as successfully defending a franchisor client from a competitor’s motion for injunctive relief arising out of claims of false advertising.

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