25th Annual Forum on Franchising

October 9, 2002
The Fairmont Scottsdale Princess

NOON - 5:00 P.M.
Forum Intensive Programs
  • Fundamentals of Franchising
  • Franchise Agreements - “New Approaches to Old Problems”
  • Litigator’s Guide to Franchise Terminations
    Speaker: Kevin M. Kennedy. (Sponsored by the Litigation and Alternative Dispute Resolution Division). This program will follow a franchise litigation case from start to finish, emphasizing practical litigation techniques.


9:00 A.M. - 10:15 A.M.
Plenary Session 1
Twenty-Five Years of Franchising: Where Have We Been and Where are We Going?

10:45 A.M. - NOON
Concurrent Workshops
  • The New FTC Rule and the UFOC: Nuts and Bolts
  • Litigotiation
    Speakers: Edward Wood Dunham, David Geronemus - Litigants normally think of dispute resolution by a third-party (litigation or arbitration) as a process separate from and often followed by settlement (by private negotiation or with a mediator). In fact, the overwhelming majority of cases do settle, usually after some part of the process of litigation or arbitration has taken place. Thus, Professor Marc Galanter coined the term "litigotiation," combining the processes. this workshop will explore the interactive relationship between litigation or arbitration and negotiation (privately or with a mediator). It will consider the different ways in which the two "separate" processes are, and can be, used together to achieve resolution of disputes by the parties themselves, rather than by third-party judges, juries or arbitrators.
  • Advanced Franchise Sales Issues
  • Civil Law for Common law Practitioners (Or How to Draft an Agreement for Use Overseas)
  • Problems of Dual Distribution Systems
  • What Every Franchise lawyer Should Know About Insurance Damages in Franchise Cases: Contract, Tort, and Statutory

12:30 P.M. - 2:30 P.M.
Lunch Programs
  • Privacy: U.S. & International
  • Bankrupt Franchisors and Franchisees
  • Regulatory Update: Federal and State
  • Dispositive Motions

3:00 P.M. - 4:15 P.M.
Concurrent Works (1-7 Repeated)


8:45 A.M. - 10:15 A.M.
Forum Business Meeting Plenary Session II
  • Annual Franchise Law Developments
10:45 A.M. - Noon
Concurrent Workshops
  • Multijurisdictional Practice: Is it a Trap for the Unwary Franchise Lawyer?
  • International (non-U.S.) Franchise Disclosure Requirements
  • Business Issues in Representing Franchises
  • A Potpourri of Intellectual Property Issues for the Franchise Lawyer Speakers: Craig Madison, Christina K. Peterson - This workshop will examine a variety of intellectual property issues, such as which trademarks warrant the cost and expense of registration and maintenance; self-help steps in establishing copyrights; the tension between copyright and trade secret protection; and new avenues for protecting aspects of the franchise system with patents and domain name registration. It will also address some of the less obvious intellectual property issues, including trade dress protection for products and the franchise. Other subjects to be addressed include pre-suit investigative practices, enforcement techniques, and coordination between in-house and outside lawyers.
  • System-Wide change
  • Recission of Franchise Agreements: Law and Policy
  • Arbitration: A Strategic Comparison of Domestic and International Forums and rules

12:30 P.M. - 2:30 P.M.
Lunch Programs (1-4 Repeated)

3:00 P.M. - 4:15 P.M.
Concurrent Workshops (8 - 14 Repeated)