ISBA CLE

Franchising Issues under New State and Federal Requirements

Presented by the ISBA Corporation, Securities, and Business Law Section, General Practice, Solo and Small Firm Section, and Special Committee on Franchising and Distribution Law

Chicago
Thursday, September 10, 2009
ISBA Regional Office
20 S. Clark Street (map and directions)
Suite 900
9:00 a.m. – 3:45 p.m.

5.0 MCLE credit hours, including PMCLE* credit hours

More than 6,000 franchise systems existed in the United States in 2005 (the latest year for which data is available), with over 39,000 establishments employing over 503,000 persons directly and over 962,000 jobs directly and indirectly. These organizations use a multitude of legal counsel in the course of their operations, particularly franchise, corporation and securities, business advice and financial planning, banking and collections, tax, and employee relations attorneys. This program is designed for the beginning and intermediate level practitioner working in any of these areas. Topics will include a detailed explanation of the new Franchise Disclosure Document requirements of state and federal franchise disclosure law, how to obtain capital and loans for new and existing franchise unit purchase, an overview of how the franchise system general counsel’s office works, and how to resolve disputes between franchisors and franchisees.

Program Coordinator/Moderator:
William A. Price, Attorney at Law, Warrenville

9:00 – 9:15 a.m. General Introduction
William A. Price

9:15 – 9:45 a.m. State of Illinois Franchise Laws and Rules
Disclosure rules are the primary ethical restraints on franchisors, and must be considered in the resolution of disputes between franchisors and franchisees. In this session, the speaker provides an overview of the new Illinois franchise disclosure legislation and reporting requirements, as well as the publications available to franchisors and franchisees through the Attorney General’s Office.
Shelley Harris-Horn, Office of Attorney General Lisa Madigan, Springfield

9:45 – 10:00 Break

10:00 – 11:00 a.m. Overview of Federal and State Franchise Disclosure Rules
This session provides a brief overview of what prompted state and federal franchise regulations, a discussion on how Illinois and federal laws interact when franchisors begin doing business, an attorney’s professional responsibility when agreeing to prepare a franchisor’s disclosure document, and a list of resources for complying with Illinois and federal laws
Robert A. Tingler, Attorney at Law, Palatine

11:00 a.m. – 12:00 p.m. New Illinois Franchise Legislation
The Illinois State Bar Association took an active part in commenting on new state and federal disclosure requirements for franchisors through its new Special Committee on Franchising and Distribution Law. This presentation provides an overview of these new requirements and how they will affect franchisors and franchisees, as well as a panel discussion regarding disclosure requirements and disputes between franchisors and franchisees.
Susan Meyer, Ungaretti & Harris LLP, Chicago

12:00 – 1:00 p.m. Lunch (on your own)

1:00 – 1:30 p.m. Using a Business Broker with Private Equity and Bank Contacts to Purchase or Recapitalize Single or Multiple Franchise Units
In this session, the speaker discusses how to work with a business broker who has private equity funds and bank contacts to purchase or organize a franchisor or franchisee group.
Joseph McCaul, President, Joseph Associates International, Inc., Chicago

1:30 – 2:30 p.m. Franchisor and Franchisee Management and Systems Issues
This session provides an overview of the organization and management issues involved in putting together and running a multi-site franchise system.
Lloyd S. Epstein, River North Consulting, LLC, Chicago

2:30 – 2:45 p.m. Break

2:45 – 3:45 p.m. Franchisor and Franchisee Organization, Siting and Operational Legal Issues
In this session, the speaker presents information on the many business entity, management group agreements, capitalization, real estate, human resources, supply system, and risk management issues single and multiple unit franchisees and franchisors face.
William A. Price

*Professional Responsibility MCLE credit subject to approval