AN OVERVIEW OF KAUFMANN FEINER’S FRANCHISE PRACTICE

“David Kaufmann is unquestionably an expert in franchise law.”
     United States District Court, Southern District of New York

“David J. Kaufmann (is) a lawyer in New York who has represented many of the nation’s top franchisors and who wrote the New York franchise disclosure law.”
     The New York Times

“David J. Kaufmann (is) a nationally recognized expert on franchising.”
     Crain’s New York Business

“David J. Kaufmann (is) a franchise expert.”
     The Washington Post

“David J. Kaufmann is one of “franchising’s superstars.”
     Franchise Times

"Jeffrey Kolton, a franchising lawyer turned entrepreneur, is a franchise industry expert."
     Wall Street Journal

"Jeffrey Kolton is a pioneer in the franchise data research area...a franchise lawyer turned master of websites geared to the franchise market."
     Franchise Times

New York’s federal court and the press have it absolutely right. David - - our partner-in-charge of Kaufmann Feiner’s franchise and distribution practice - - is nationally acclaimed as one of the country’s leading franchise lawyers. In fact, he alone is featured in The Best Lawyers in America under the heading “Franchising - - New York City”. With the addition of Jeffrey E. Kolton, who is not only a nationally- recognized franchise attorney but also the founder of FRANDATA Corporation (the country's leading franchise research company), the Kaufmann Feiner team offers unparalleled expertise to its franchise clientele.

David authored New York's franchise statute, the New York Franchise Act. He served as Special Deputy Attorney General in the Franchise Section of the New York Attorney General’s office. He is an advisor to the organization of state and federal officials responsible for devising and coordinating franchise regulatory activity nationwide - - the NASAA (North American Securities Administrators Association) Franchise and Business Opportunities Committee. David is the Immediate Past Chair of the New York State Bar Association Franchise Law Committee. He is the New York Law Journal’s franchise columnist and authors the franchise “Practice Commentary” appearing in McKinney’s New York Statutes, which is routinely relied upon by state and federal courts determining franchise disputes. And David serves as Associate Editor of the American Bar Association Franchise Law Journal.

David leads the team of Kaufmann Feiner’s remarkably bright, talented and experienced franchise attorneys who have seen it, done it and prevailed.  Jeffrey Kolton, who has been involved in the franchise industry since 1983, has had two successful and high-profile careers - first as an attorney with several of the leading franchise law firms in the country, and then as founder of the nation's leading franchise research company, FRANDATA Corporation. Jeffrey has served as a member of the International Franchise Association's Board of Directors; Chairman of its Council of Franchise Suppliers; and as a member of the NASAA Franchise Project Group Advisory Board. He has also taught the franchise section of Georgetown University Law Center's Small Business Seminar since 1989. Susan Morton, who is nationally acclaimed by both clients and government officials for her ability to generate franchise agreements and disclosure documents which are comprehensive, as sophisticated as the situation warrants and yet facilitate the franchise marketing process by being so “user friendly”. Dan Gildin, whose talents as the firm’s senior litigator, deal maker and overall problem solver are renowned among Kaufmann Feiner’s clients. Michael Yamin, whose remarkable knowledge of corporate formation, governance and transactions yields extraordinary benefits to the firm’s franchisor clients. Kevin Shelley, who litigates the tough ones for franchisors - - and whose record is absolutely remarkable. David Oppenheim, who represents the firm's clients in structuring and implementing their franchise programs, merger and acquisition activity and commercial litigation. And Richard Rosenblum, whose knowledge of corporate and securities law - - including private and public offerings - - is crucial to many of the firm’s clients.

This remarkably talented team of franchise attorneys devotes itself to furnishing every type of legal counsel and representation that a franchisor may need - - whether the franchisor is a “start-up” or, as is the case with many of Kaufmann Feiner’s clients, one of the largest franchisors in the world.

Representative Clients

Kaufmann Feiner’s extraordinary abilities in the field of franchising are perhaps best reflected by the treasured clients who place their trust and confidence in us when confronting significant opportunities, crises or simply the need for everyday legal counsel and support.

Among the franchisors and financial institutions whose counsel have selected Kaufmann Feiner to assist them are: Yum! Brands, Inc. (KFC/Pizza Hut/Taco Bell/Long John Silvers/A&W); 7-Eleven, Inc.; Hilton Hotels, Inc. (Hilton Hotels/Embassy Suites/Doubletree Hotels); Toys “R” Us, Inc.; Six Continents Hotels plc (Holiday Inns, Inter-Continental Hotels); Goldman Sachs & Co.; Union Carbide Corporation; The Miss Universe Organization; Arby’s, Inc.; Snapple Beverages; Cendant Corporation (Ramada/Days Inns/Howard Johnson/Super 8/Travelodge/ Century 21/Coldwell Banker/E.R.A. Avis); The St. Joe Company; Pearle Vision, Inc.; Dunhill Staffing Systems; and, Choice Hotels International, Inc. (Econo Lodge/Comfort Inns/Clarion Inns/Quality Inns/MainStay Suites).

In addition to these extraordinarily well known companies, start-up franchisors find Kaufmann Feiner’s experience and efficiency perfectly tailored to their goals and limited budgets. Among the now well known franchisors whose franchise programs were conceived by Kaufmann Feiner are: Ranch 1; Huntington Learning Centers; Ferrara’s of Little Italy; Weichert Realtors; Gallagher’s Steakhouse; The Grand Central Oyster Bar; Dial-A-Mattress; Famous Amos Cookies; Tiger Schulmann Karate Centers and Wok & Roll.

The firm also assists some of the leading international franchisors develop and implement their expansion into the United States, such as: Portas (Germany); Australian Homemade Ice Cream (the Netherlands); Lacoste of Switzerland; Davidoff of Geneva; and Furla (Italy). 

The Need For Speed

When it comes to representing franchisors, speed is an absolute requirement.

At Kaufmann Feiner, we have perfected the art of accelerating client assignments so that absolutely first rate work is produced in the shortest time - - and with the lowest fees - - possible.

Just ask one of the nation’s largest and best known beverage companies. It discovered quite late, and under enormous pressure, that it had to extraordinarily swiftly prepare, register and implement a franchise program. They called on Kaufmann Feiner in a panic. The panic was not necessary - - only skilled expertise. Just eleven days after first meeting with the client, all necessary franchise agreements, ancillary agreements and disclosure documents were prepared and the necessary New York registration obtained - - all to the client’s very exacting standards, without sacrificing an iota of quality and for a fee that even the client agreed was modest.

Keeping Your Legal Fees To The Absolute Minimum

It sounds counterintuitive, doesn’t it? A law firm seeking to minimize the fees that it charges its clients.

But at Kaufmann Feiner, we are proud that our reputation for quality and excellence is coupled with a reputation for efficiency and economy. We know the enormous pressure that corporate counsel are under to keep their budgets in line and to minimize outside counsel fees. And we make every effort to help them do just that.

Kaufmann Feiner is proud of the fact that in all the years of our existence, only a handful of times has a client ever questioned a billing entry. And on those very few occasions where a question has arisen, it has always been resolved to the client’s satisfaction. We follow this approach for a simple reason. Kaufmann Feiner’s relationships with its clients are too valuable, and the need for day-to-day closeness and trust so critical, that we never want a client to harbor - - even for a moment - - resentment that any given time charge was excessive. We would rather sacrifice a few dollars instead of sacrificing our most prized possession: the confidence, trust and loyalty that our valued clients vest in us.

Our Experience Speaks For Itself

At Kaufmann Feiner, the difficult we do every day. It is the impossible that takes just a bit longer.

We are proud that we possess a remarkable national reputation among franchisors, the franchise bar and government officials for furnishing both to start-up and mature franchisors the full panoply of business and legal counsel and services that they require. But what really gets us going is the chance to help our clients confront and surmount unique, challenging and often unprecedented opportunities and hazards.

When the U.S. Small Business Administration was devising its “SBA Franchise Registry” (through which franchisors are pre-approved for SBA loan guarantees to their franchisees), it turned to Kaufmann Feiner to represent the “large franchisor” community.  And it was Jeffrey Kolton's company --- FRANDATA --- that won the SBA contract and developed its www.franchiseregistry.com website.

When the Federal Trade Commission and the New York Attorney General determined to partner with the National Franchise Council (an organization of some of the country’s largest and most prestigious franchisors) to establish an “alternative law enforcement program” for franchisors violating federal or state franchise laws, it was David Kaufmann - - the NFC’s General Counsel - - who developed the program with the NFC’s President and Executive Board.

When California was the first to adopt the “plain English” requirement for franchise disclosure documents, and all too many franchisors and their counsel had grave difficulty complying with the new protocol, California’s Senior Franchise Examiner asked Kaufmann Feiner, which successfully registered all of its clients’ documents under the new requirements, whether it could refer others to us for assistance. (Of course, our answer was yes.)

When a nationally known convenience store franchisor was declared by New York to have statutorily forfeited its right to its critical liquor license (necessary for the sale of beer and wine coolers), and after two lawsuits brought by other counsel to maintain the license cost much but utterly failed, it was Kaufmann Feiner who had that liquor license maintained - - without litigation and at minimal expense - - under a completely novel theory propounded by the firm.

We served as franchise counsel to Arby’s, Inc. when in 2000 it accomplished the nation’s first-ever successful securitization of a franchise royalty stream.

Finally, we served as litigation counsel in the only three cases to our knowledge challenging a state franchise administrator's conduct. We prevailed in all three cases.

An Invitation To Meet

We thank you for your interest in Kaufmann Feiner’s franchise practice. We invite you to learn more about us and give us the opportunity to learn about you. Come visit us at our New York City offices - - or let us visit you at your office. Read the many articles, books, newspaper columns and treatises authored by our franchise attorneys. Watch us on television as CNN, CNBC and other news media turn to us for our expertise. Attend one of the many gatherings where Kaufmann Feiner attorneys offer their insights to other attorneys; business leaders; government officials; and, the media.

Or simply call us and ask how we can help you.

Is there a way that our experience, expertise and efficiency can help you and your company? Let’s talk.