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Published By Harris J. Chernow September 26, 2018

Hosted by The New Jersey Institute for Continuing Legal Education

Harris J. Chernow, Chair of Reger Rizzo & Darnall’s National Franchise & Distribution practice group, will present How to Advise and Protect Your Franchise Clients in conjunction with the New Jersey Institute for Continuing Legal Education and the New Jersey State Bar Association’s Franchise Law Committee on Wednesday, September 26, 2018. Harris will be joined by Adam J. Siegelheim of Stark & Stark, PC. 

Harris and Adam will show you how to protect your franchisee clients so that they have the best possible chance for success, and will review the most important provisions of the New Jersey Franchise Practices Act. Additional topics to be covered, include: 

  • An overview of the Franchise Practices Act with an emphasis on the most important clauses and the most common issues.
  • An analysis of a franchise disclosure document and how to negotiate the best possible term for your client.
  • Whether or not your client should incorporate.
  • What your client was promises vs. what the agreement actually says.
  • Location – renting vs. owning the location, leases and subleases.
  • Issues involving the franchisee’s territory – the competing interest of wanting as large of a territory as possible vs. the obligation to properly service the clients and have adequate market penetration.
  • Alternative channels for distribution – can a franchisee offer the product via supermarkets, chain stores, airports, etc if they aren’t within the geographical territory.
  • Funding for advertising – balancing the franchisor’s need for funding for national ad campaigns vs. the franchisee’s need to use the money for their own business expenditures what’s the right number?
  • Non-competes and restrictive covenants – how to clearly define the scope of a competing business to avoid a future dispute over whether a current or former fanchisee’s business violates the non-compete.
  • Complicating leasing issues such as the interplay between zoning regulations and signs, working hours, etc.

This program has been approved for 4.0 hours of NJ CLE credit; 3.0 hours of PA CLE credit (pending); and 4.0 hours of NY CLE credits.