Vol. 13 No. 3 | Summer 2010 |
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INSIDE THIS EDITION Message from the Editor-in-Chief The ABA Forum on Franchising 2010 Annual Meeting Annual Forum Community Service Event Recognize Your Outstanding Colleagues in San Diego! Nominating Committee Report from Ron Gardner, Forum Chair Ethical Risks in Misleading a Mediator Cleaning Franchisees Held to be Employees New Books from the Forum on Franchising THE FRANCHISE LAWYER Associate Editors Forum on Franchising |
Message from the Chair As I write this, it is a beautiful sunny Friday afternoon in mid-summer. I hope you are enjoying the opportunities that the summer brings to most of us to take a few days off to rest and relax, and to contemplate the rhythm of not only the seasons, but also of our lives and our practices. While highly visible Forum activity is not the hallmark of the summer months, I can assure you that it is the season when, perhaps, the most work actually gets done. To begin with, as you probably know or have heard by now, we are busily planning for this year’s Annual Meeting in October. I want to take just a few minutes to talk to you about why I believe this will likely be one of the best Forum events in recent memory. First, this year’s program is being chaired by the extraordinarily talented duo of Deb Coldwell of Haynes & Boone and Kathy Kotel of Carlson Restaurants Worldwide. Bringing Deb’s highly-respected views as a litigator together with Kathy’s unparalleled experience as an in-house lawyer at major franchisors has resulted in one of the most diverse and intellectually satisfying set of program offerings ever. Just one quick look at our brochure (which I hope you have received by now – and if you have not, you should find online at http://new.abanet.org/Forums/franchising), will give you a flavor for what I am talking about. Programs on cutting-edge issues such as the use and impact of social media on franchising and franchising in Latin America are juxtaposed against insightful new twists on old topics, including workshops specifically aimed at discussions of the most frequently-litigated substantive provisions in a franchise agreement, litigating injunctions, and best practices with respect to franchise compliance and/or starting a franchise system. These are just a few of the many, many offerings we will have for you this fall. I also remain extraordinarily excited about this year’s program because of the extremely high quality of the panelists that Deb and Kathy have put together. Of course, we are always the beneficiaries of the wisdom and experience that many very experienced practitioners give to those of us as Forum members every year. This year, in addition to our own “in-house” experience, we will also have the benefit of the insight of regulators, outside experts, and others. In short, the program is not to be missed. Finally, who would not be excited by the prospect of spending a few days enjoying the (hopefully) warm sun of southern California along the beautiful Coronado shoreline? Having had the opportunity to visit there within the last year, I can tell you that the Hotel Del Coronado is everything you will expect it to be – and quite a bit more. Picturesque, historic, and filled with individuals eager and willing to make your stay comfortable and enjoyable, the Hotel Del deserves the reputation it has earned. So, as our speakers continue to slave over their papers throughout the remaining two months of the summer, all in anticipation of helping you better understand your practice area, please do your part and register early to join us from October 13-15 at the Hotel Del Coronado. It is easy as well – you can register online at http://new.abanet.org/Forums/franchising. Of course, preparing for this year’s program is not the only thing that is going on within the Forum this summer. Elsewhere in this newsletter you will see the formal announcement of the conclusion of the work of this year’s Nominating Committee. Please let me take this opportunity again to thank Edward Wood (Jack) Dunham, our Immediate Past Chair, who has done an outstanding job in chairing this year’s Nominating Committee. Thanks also to Committee members Alex Brito, Susan Grueneberg, Stuart Hershman, and Mark Kirsch, without whose willingness to share with us the benefit of their time, insight and wisdom, the nominations process would not have been as smooth, and the results not as dependable. As a result of the work of these fine people, I am thrilled, assuming confirmation through our elections in October, at the prospect of welcoming Kathy Kotel and Kerry Bundy back for a second term on our Governing Committee, as well as welcoming new Governing Committee members Jim Goniea, Diane Green-Kelly, Mike Lindsey, and Eric Karp. All of these people have been nominated for a term beginning on August 1, 2011. Beyond these additional nominees, I am extraordinarily pleased to announce that the Nominating Committee has nominated Joe Fittante, of Larkin Hoffman, to succeed me as the Chair of the Forum on Franchising. Joe is an extremely talented lawyer, friend, and gifted leader. Over the years, Joe has chaired our YLD Division, has served as the Diversity Officer, and is currently serving as our Program Officer. His wisdom and insights into many issues are evident to all of us who have had the privilege of serving with him on the Governing Committee over the last several years. I am absolutely certain that the Forum will find itself in very, very good hands under Joe’s leadership. Of course, with new additions come departures. I want to take this opportunity to thank both Peter Klarfeld and Andy Scott for the invaluable contributions they made to the Forum while on the Governing Committee. While Andy has recently chosen to retire, Peter continues his extraordinary contributions to the Forum, finding himself in the midst of editing the highly-valuable Covenants Against Competition in Franchise Agreements. Finally, work is continuing as we plan for yet another teleconference – the next one scheduled in the first week of September. Sponsored by the Corporate Counsel Division, this program on “alternate fee arrangements” is one that should be of interest to everyone who practices franchise law. We hope that you will continue to watch the ListServ, and your e-mail, for further announcements about this fascinating and highly relevant topic. Sunshine beckons. I hope you enjoy the rest of your summer with a cool beverage, a good book, and some time to relax. In the meantime, please make sure your register for the meeting in October – I look forward to seeing you there! The Franchise Lawyer is published by the American Bar Association Forum on Franchising, 321 North Clark Street, Chicago, IL 60654-7598. Requests for permission to reprint should be sent to the attention of Manager, Copyrights and Licensing, via email at copyright@abanet.org or via fax to 312-988-6030. American Bar Association | 321 N Clark | Chicago, IL 60654 | 1-800-285-2221 |