Key provisions for negotiating franchise and development agreements

Craig R. Tractenberg
Craig R. Tractenberg
Fox Rothschild LLP

Craig is a litigator who centers his practice on domestic and international disputes and corporate revitalizations.

Eleanor Vaida Gerhards
Eleanor Vaida Gerhards
Fox Rothschild LLP

Eleanor Vaida Gerhards is a partner at the national law firm of Fox Rothschild LLP where she concentrates her practice on commercial transactions and regulatory compliance matters representing entrepreneurs as well as start-up, emerging growth and established companies.

On-Demand: April 25, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Whether you are developing a franchise system, expanding your franchise development program, or buying a franchise, you will want to know the critical areas for negotiations. We will address what you need to know about the regulatory issues impacting negotiations, best practices and the environment regarding negotiations, and likely areas of productive negotiations.

Key topics to be discussed:

  • Critical negotiation provisions of franchise and development contracts
  • Negotiation strategies for reducing risk
  • The impact of franchise registration state laws on negotiating contracts

Closed-captioning available

Speakers

Craig R. Tractenberg_myLawCLECraig R. Tractenberg | Fox Rothschild LLP

Craig is a litigator who centers his practice on domestic and international disputes and corporate revitalizations. His cases have been recognized by the Turnaround Management Association, the ABA Forum Committee on Franchising, the International Franchise Association and cited by industry publications.

A seasoned litigator, Craig is adept at pursuing defendants who shield assets from recovery during litigation. He is experienced in tracing and recovering assets when possible, domestically and overseas.

Craig is Co-Chair of the firm’s Franchise & Distribution practice group, as well as Co-Chair of the International Arbitration practice group. He is an active arbitrator, judge pro tempore and expert witness, with a long history of involvement with the International Franchise Association, the International Bar Association, various local bar associations and pro bono clients.

Frequently sought as a speaker, Craig has presented lectures at bar associations in the United States, Europe and Asia, and has taught law students at domestic and international universities. He has published more than 500 articles, papers, presentations, book chapters and webinars. His retail experience includes the representation of restaurants, pharmacies, and apparel, educational and automotive retail chains and franchise systems. He also represents jewelry and watch brands, both domestic and internationally.

 

Eleanor Vaida Gerhards_myLawCLEEleanor Vaida Gerhards | Fox Rothschild LLP

Eleanor Vaida Gerhards is a partner at the national law firm of Fox Rothschild LLP where she concentrates her practice on commercial transactions and regulatory compliance matters representing entrepreneurs as well as start-up, emerging growth and established companies. As Co-Chair of the firm’s Franchising and Distribution Practice Group, she serves as outside general corporate and franchise legal counsel to franchise system clients. The International Franchise Association has designated Eleanor as a Certified Franchise Executive, and she serves as Co-Chair of the IFA Philadelphia Women’s Franchise Network.

She is a former member of the ABA Forum on Franchising Women’s Caucus, the IFA Legal Symposium Task Force, and ABA Forum on Franchising Program Committee. Eleanor frequently writes and speaks on legal issues in the franchise industry and is a past presenter at the ABA Forum on Franchising and IFA Legal Symposium. She authored chapters in the ABA book Exemptions and Exclusions under Federal and State Franchise Registration and Disclosure Laws and the ABA Franchise Deskbook Selected State Laws, Commentary and Annotations, Third Edition.

Her articles have appeared in the ABA Forum’s Franchise Lawyer newsletter, the Franchise Law Journal, Marijuana Venture Magazine, Law360 and Property Casualty 360. Eleanor has been recognized by Chambers USA as a leading national franchise attorney, named a “Legal Eagle” by Franchise Times for the last 9 years, a “Rising Star” by Superlawyers, a Pennsylvania “Lawyer on the Fast Track” by the Legal Intelligencer as well as recognized by Who’s Who Legal Franchising and named among Philadelphia’s Business Journal’s 40 under 40.

Agenda

I. Critical negotiation provisions of franchise and development contracts | 12:00pm – 1:00pm

Break | 1:00pm – 1:10pm

II. Negotiation strategies for reducing risk | 1:10pm – 1:40pm

III. The impact of franchise registration state laws on negotiating contracts | 1:40pm – 2:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2 General

Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Pending CLE Approval
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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