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To Brand or Not to Brand: Legal Dimensions of Franchising, Branding, and Dispute Resolution (Presented by HospitalityLawyer.com)

2025-09-26 13:00:00

2025-09-26 13:00:00

2 Credits

Legal foundations of franchising, trademark licensing, regulatory compliance, and dispute resolution strategies for brand-driven business relationships.

2025-09-26 13:00:00

Legal foundations of franchising, trademark licensing, regulatory compliance, and dispute resolution strategies for brand-driven business relationships.

2025-09-26 13:00:00

1000+

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24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the legal foundations of trademark licensing, business format franchising, franchise structures and agreements, regulatory frameworks, and dispute resolution mechanisms.

What will you gain

Attorneys will gain practical knowledge for navigating the balance between brand quality control, antitrust concerns, joint employer liability, and franchise compliance requirements.

Trademark Fundamentals
The Lanham Act requires brand owners to exercise quality control or risk abandonment.
Franchise Definition
A franchise requires brand licensing, payment of $500 or more, and significant control.
Disclosure Requirements
The FDD contains 23 items and must be registered in 14-15 states.
Compliance Programs
Compliance officers must have organizational standing equal to sales and operations teams.
Dispute Resolution
Pre-dispute mediation avoids FDD disclosure requirements and resolves issues before positions harden.
Non-Compete Provisions
Interim and post-term non-competes are creatures of state law with varying enforceability.

What will you learn

Attorneys will learn the legal foundations of trademark licensing, business format franchising, franchise structures and agreements, regulatory frameworks, and dispute resolution mechanisms.

What will you gain

Attorneys will gain practical knowledge for navigating the balance between brand quality control, antitrust concerns, joint employer liability, and franchise compliance requirements.

Agenda

Session 1

Trademark Fundamentals and Brand Licensing in Franchising

Session 2

Franchising as a Capital-Efficient Growth Strategy

Session 3

Franchise Structures, Agreements, and Compliance Programs

Session 4

Federal and State Franchise Regulatory Framework

Session 5

Dispute Resolution Mechanisms and Contract Enforcement

clock 1:00 pm - 1:20 pm EST

Trademark Fundamentals and Brand Licensing in Franchising

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

This session explores the strategic importance of branding and the Lanham Act’s role in governing trademark licensing and quality control. Participants will learn about different types of brand licensing, including co-branding and business format franchising, and understand the three-legged stool that defines a franchise relationship.

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

clock 1:20 pm - 1:40 pm EST

Franchising as a Capital-Efficient Growth Strategy

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

This session examines why businesses choose franchising for capital-efficient expansion and the economic impact of franchising on retail GDP. Participants will explore critical success factors including market demand, unit economics, and the evolving dynamics between franchisors and sophisticated multi-unit franchisees backed by private equity.

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

clock 1:40 pm - 2:00 pm EST

Franchise Structures, Agreements, and Compliance Programs

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

This session covers the Franchise Disclosure Document requirements, including the 23 mandatory disclosure items and registration state obligations. Participants will learn about the operations manual, licensee innovations, and why a robust compliance program is essential for protecting brand integrity and avoiding joint employer liability.

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

clock 2:10 pm - 2:40 pm EST

Federal and State Franchise Regulatory Framework

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

This session navigates the complex regulatory landscape of federal FTC rules and state-specific franchise registration and relationship laws. Participants will examine third-party sales broker oversight, franchisee selection best practices, and how business opportunity laws may apply depending on trademark registration status.

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

clock 2:40 pm - 3:10 pm EST

Dispute Resolution Mechanisms and Contract Enforcement

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

This session addresses common franchise disputes arising from gaps between expectations and reality, and the available resolution mechanisms including arbitration, litigation, and pre-dispute mediation. Participants will analyze critical contract provisions including forum selection, non-compete clauses, damages provisions, and the unique challenges of trademark licenses in bankruptcy proceedings.

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Andrew J. Sherman

Brown Rudnick

Samuel C. Wolf

Brown Rudnick

Andrew J. Sherman

Brown Rudnick

Andrew J. Sherman is a partner in Brown Rudnick’s Transactions Practice Group and co-practice group leader of the firm’s Emerging Growth Companies & Venture Capital group. A recognized authority on the legal and strategic aspects of business growth, his practice is concentrated on domestic and international franchising, mergers and acquisitions, and corporate counseling.

Recognition & Leadership

Andrew has written nearly 30 books on the legal and strategic aspects of business growth, franchising, capital formation, and the leveraging of intellectual property. He has appeared as a guest commentator on CNN, NPR, and CBS News Radio, and has been interviewed by The Wall Street Journal, USA Today, Forbes, U.S. News & World Report, and other publications. He is a multiple recipient of the University of Maryland at College Park's Krowe Excellence in Teaching Award.

Professional Involvement

Andrew serves as an adjunct professor in the MBA programs at the University of Maryland, as well as the Georgetown University Law Center. He is a frequent keynote speaker at business conferences, seminars, and webinars.

Experience

He has served as a legal and strategic advisor to dozens of Fortune 500 companies and hundreds of emerging growth companies across diverse industries including leisure and hospitality, food & beverage, retail, financial services, energy, manufacturing, health and life sciences, sports, entertainment and music. He has represented clients from early stage startups to closely held franchisors and middle market companies to multibillion-dollar international conglomerates. He counsels on franchising, licensing, joint ventures, strategic alliances, capital formation, distribution channels, technology development, and mergers and acquisitions.

Andrew J. Sherman

Brown Rudnick

Andrew J. Sherman is a partner in Brown Rudnick’s Transactions Practice Group and co-practice group leader of the firm’s Emerging Growth Companies & Venture Capital group. A recognized authority on the legal and strategic aspects of business growth, his practice is concentrated on domestic and international franchising, mergers and acquisitions, and corporate counseling.

Recognition & Leadership

Andrew has written nearly 30 books on the legal and strategic aspects of business growth, franchising, capital formation, and the leveraging of intellectual property. He has appeared as a guest commentator on CNN, NPR, and CBS News Radio, and has been interviewed by The Wall Street Journal, USA Today, Forbes, U.S. News & World Report, and other publications. He is a multiple recipient of the University of Maryland at College Park's Krowe Excellence in Teaching Award.

Professional Involvement

Andrew serves as an adjunct professor in the MBA programs at the University of Maryland, as well as the Georgetown University Law Center. He is a frequent keynote speaker at business conferences, seminars, and webinars.

Experience

He has served as a legal and strategic advisor to dozens of Fortune 500 companies and hundreds of emerging growth companies across diverse industries including leisure and hospitality, food & beverage, retail, financial services, energy, manufacturing, health and life sciences, sports, entertainment and music. He has represented clients from early stage startups to closely held franchisors and middle market companies to multibillion-dollar international conglomerates. He counsels on franchising, licensing, joint ventures, strategic alliances, capital formation, distribution channels, technology development, and mergers and acquisitions.

Samuel C. Wolf

Brown Rudnick

Samuel Wolf is an associate in Brown Rudnick’s Transactions Practice Group and a member of the Franchise Group. His practice centers on negotiating and drafting corporate and franchise-related agreements, preparing franchise disclosure documents, and advising clients on franchisee/franchisor relational matters in mergers and acquisitions.

Recognition & Leadership

Sam is a Certified Specialist in Franchise and Distribution Law designated by the State Bar of California Board of Legal Specialization and has been recognized as one of Southern California's Rising Stars in Franchise and Dealership law by Super Lawyers.

Experience

Prior to joining Brown Rudnick, Sam was a senior counsel for a national firm and an associate at Lewitt, Hackman, Shapiro, Marshall & Harlan specializing in franchise and distribution law. He has experience resolving regulatory problems for franchisors, drafting beer distribution agreements, and designing nationwide exemption-based franchise plans.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
One-time purchase
Custom
based on firm size
Access type Pay per class Unlimited annual access Unlimited access for all firm members
Number of Available Webinars 1 1,000+ 1,000+
Number of New Webinars Added Yearly Limited 500+ 500+
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Individual Purchase
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Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Mastering franchise and trademark law enables practitioners to protect clients across an industry generating nearly $1 trillion annually while navigating complex regulatory requirements and dispute resolution mechanisms.
$936B
Total projected franchise output in 2025, representing a 4.4% increase from $896.9 billion in 2024. (International Franchise Association 2025 Economic Outlook)
9M+
Total franchise employment expected in 2025, with franchising adding approximately 210,000 new jobs at a 2.4% growth rate. (International Franchise Association)
23
Specific disclosure items required in every Franchise Disclosure Document under the FTC Franchise Rule before any franchise sale. (Federal Trade Commission)
~46%
Of franchises studied had at least one lawsuit, with litigation ranging from 1 to 50+ cases per franchise brand analyzed. (Forbes analysis cited by Zarco Einhorn Salkowski)

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