Fall 2012
    Law No.: LAW9015
    Sched. No.: 112820612

Franchise Law*
Section 1
X
Dienelt, John F.



Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):M, 1600-1800 (WB114)
Credits:2Type:Seminar
Capacity:20 **This information is current as of 05/17/2013 06:18:20 AM**
Current Enrollment:19 **This information is current as of 05/17/2013 06:18:20 AM**

Course Description:

Franchised businesses account for 40 percent of retail sales in the US, more than a trillion dollars a year, and have nearly 10 million employees. Franchising is growing: a new franchise opens every eight minutes of every working day. Although most people may associate franchising with “fast food restaurants,” franchising is prevalent in many areas of the economy, including automotive, hotel, various retail establishments, and numerous business services, among others. With the explosive growth of franchising, which really began in the 1950s, has come the development of franchise law as a separate discipline during the past 40 or so years and significant growth in the number of lawyers who practice in this field. Thus, franchising and the evolving practice of franchise law have a great practical impact on the US, and global, economy. Franchise law is a combination of contract and statutory law, and is heavily influenced by trademark, antitrust and other areas of business law. Franchise agreements tend to be lengthy multi-year trademark licensing agreements. Franchising is regulated at both the federal and state level. Franchise sales are regulated by state and federal disclosure requirements, analogous to SEC requirements. Automotive and petroleum franchise relationships are regulated by specific federal statutes, while various states regulate aspects of the franchise relationship, such as enforcement of standards, termination and renewal of the relationship. There is a substantial amount of litigation in franchising, involving not only disputes between franchisors and franchisees, but also consumers and others. Many common law contractual concepts, such as the “implied covenant of good faith and fair dealing” have evolved and continue to evolve in the context of franchise law. Franchising is also growing rapidly outside the US; accordingly, a variety of laws, enacted by other countries, are relevant. This course will cover the legal and practical business basics of franchising, including analysis of franchise agreement and structuring the franchise relationship; the process of offering franchises for sale, including disclosure requirements; statues specifically addressing the franchise relationship; the effect of antitrust, trademark and other intellectual property law on franchising; contract and other common law concepts that affect the franchise relationship; international franchising; franchise-related litigation; and current issues in developing franchise law. The seminar will emphasize class participation, including mock negotiations.

COURSE REQUIREMENT: Examination (a paper may be substituted with the permission of the instructor)