“In the ’90s, we witnessed efforts by franchisee rights advocates to introduce federal franchise legislation to protect franchisee interests in their relationships with franchisors. In connection with the FTC reviewing and amending the FTC Rule on Franchising, similar efforts were made to add a relationship component to the amended rule. These various efforts failed and we have been through a period of relative calm with respect to proposed franchise legislation.
However, in recent months we have seen a resurgence of legislative efforts – this time at the state level – that may change the playing field. Whether it is due to the challenging economic environment, a perception that franchise agreements are more one-sided or other circumstances, these recent efforts seek to tilt the balance in favor of franchisees by restricting franchisor practices that are deemed unfair, protecting franchisees’ equity in their businesses and empowering collective actions by franchisee groups.” — Erik B. Wulff, Esq.
Join our guests, attorneys Erik Wulff and Robert Purvin, as they discuss differing views on these efforts to increase franchisee rights in a point/counterpoint style of discussion. To the extent appropriate, I add the perspective of the landlord and how these changes may affect their leases.
Erik B. Wulff, Esq.
Partner, DLA Piper
DLAPiper.com | erik.wulff@dlapiper.com
Erik B. Wulff has a broad-based practice in global brand expansion for consumer products and services companies. He has extensive experience in all aspects of representing clients in expanding their brands internationally and domestically through various collaborative forms, such as franchising, licensing, distribution, acquisition and joint venture arrangements. Mr. Wulff is a former member of the board of directors of a New York stock exchange-listed company and, as president of its international division, was instrumental in developing its business abroad.
A frequent speaker on legal and business issues relating to brand expansion, franchising and distribution, Mr. Wulff has made numerous presentations at programs sponsored by the American Bar Association, the International Franchise Association, the International Bar Association, the Inter-American Bar Association, the Union Internationale des Avocats and various continuing legal education programs. He has authored numerous articles on franchising matters in a number of different legal and business periodicals.
Robert Purvin
Chairman/CEO, American Association of Franchisees & Dealers
LinkedIn | AAFD.org
Mr. Purvin is the Chairman of the Board of Trustees of the American Association of Franchisees and Dealers (AAFD), a national nonprofit trade association promoting fair franchising practices and the concept of Total Quality Franchising. Mr. Purvin is the author of The Franchise Fraud: How to Protect Yourself Before and After You Invest, an exposé on franchising in the 1990’s, which advocated franchisees joining together for greater negotiating leverage in contract development and dispute resolution. Mr. Purvin has practiced franchise law since 1973 and is a certified franchise law specialist. Although he has substantial experience representing the interests of both franchisors and franchisees, Mr. Purvin has gained the reputation as a pre-eminent authority relating to the representation of franchisees. Mr. Purvin engages in contract and dispute mediation and is an approved mediator of the National Franchise Mediation Program and the CPR Institute of Dispute Resolution.
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