2014 Spring Symposium: Franchise Law in the Current Economic and Regulatory Environment

The Journal will present its 2014 symposium on the topic of Franchise Law at the Wake Forest University School of Law on February 28, 2014.

Introduction

The Wake Forest Journal of Business and Intellectual Property Law publishes legal scholarship pertaining to a wide variety of topics within the fields of intellectual property law and business law, while attempting to focus specifically on the intersection between to the two. To that end, the journal will host and publish a symposium on Friday February 28, 2014 pertaining to franchise law, an area of the law that particularly incorporates both business and intellectual property law.

In particular, the symposium will bring together a range of practitioners and scholars to explore and discuss both the business and legal aspects of the franchise industry on both the domestic and global platform. Given the uncertainty of the current economy, political change, and newly enacted regulation, many franchises around the world will undoubtedly be affected in the near future. With these issues in sight, the journal seeks to educate attendees on the basics of franchise law, and provide an in-depth review of its importance in the market going forward.

The Wake Forest Journal of Business and Intellectual Property Law is seeking approval from the North Carolina Bar Association to offer CLE credit to attorneys who attend our symposium. We are confident that this symposium will be informative and benefit the North Carolina legal community. The symposium will run a total of 5 hours, from 8:30 a.m. to 2:30 p.m. with a one- hour lunch break. A complete list of speakers with a brief description of their qualifications and detailed abstract of their respective presentations is below. The tentative schedule is as follows.

8:30 a.m. Breakfast and Check-In
8:45 a.m. Opening Remarks by Dean Blake Morant
9:00 a.m. Professor Robert Emerson – Basics of Franchise Law
9:40 a.m. Michael Garner – Basics of Franchise Law
10:20 a.m. Question & Answer Session for Professor Emerson and Michael Garner Jon Neiditz – Critical Privacy and Information Security Loss Prevention
11:20 p.m. Barry Benjamin – Contests and Sweepstakes
12:00 p.m. Question & Answer Session for Jon Neiditz and Barry Benjamin
12:20 p.m. Break for Lunch
1:20 p.m. Jamila Granger – “Doing a Deal” Role Play
2:00 p.m. Darryl Marsch – Legal Issues in Domestic and International Franchising
2:40 p.m. Question & Answer Session for Jamila Granger and Darryl Marsch
3:00 p.m. Concluding Remarks

Our target audience for this symposium is comprised of local attorneys, judges, academics, and students. We hope that this presentation will teach our audiences about the evolving area of franchise law as it pertains to the current and future economic and regulatory environment, and enlighten each audience member on the intersection of business and intellectual property law in this growing field.

Participants

PROFESSOR ROBERT EMERSON

Professor Robert Emerson is the Huber Hurst Professor of Business Law at the University of Florida, and currently serves as the Senior Articles Editor for the American Business Law Journal. In particular, Professor Emerson focuses his research in the area of franchise law. His presentation, along with the presentation of Michael Garner (see below), will provide the audience with the basics of franchise law. Topics include defining a franchise, discussing the current regulation of franchising, and discussing the various types of franchise law.

W. MICHAEL GARNER

W. Michael Garner is an American franchise and distribution law attorney based out of Minneapolis, Minnesota who represents franchisees, dealers, and distributors. Mr. Garner is also the author of Franchise and Distribution Law and Practice, a three-volume legal treatise, and editor of the Franchise Desk Book, a reference work for franchise lawyers published by the American Bar Association. Mr. Garner will focus his presentation on the importance of trademarks in the franchise industry. Topics discussed by Mr. Garner will include trademark rights pursuant to registration, loss of trademark rights, implications of trademark ownership, and trademark issues particular to franchising.

JON NEIDITZ

Jon Neiditz is a partner with Kilpatrick Townsend in the firm’s Atlanta office and focuses his practice in the areas of transactional intellectual property and privacy and information security. Mr. Neiditz will be presenting on the topic of critical privacy and information security loss prevention for the franchisor and large franchisee.

BARRY BENJAMIN

Barry Benjamin is a partner with Kilpatrick Townsend in the firm’s New York office and focuses his practice in the areas of advertising litigation and intellectual property litigation. Mr. Benjamin will be presenting on the legal aspects of contests and sweepstakes as they pertain to the franchise industry.

JAMILA GRANGER

Jamila Granger currently serves as Senior Counsel and Assistant Secretary at Krispy Kreme in Winston-Salem, North Carolina. Mrs. Granger will conduct a “mock deal” comprised of a regulator, in-house counsel, and a sales individual from Krispy Kreme. Through the interactions of these three individuals, the audience will be exposed to the intricacies of a real deal, and better understand how information from the prior presentations is applied in the everyday practice of franchise law.

DARRYL MARSCH — *KEYNOTE SPEAKER*

Darryl Marsch currently serves as Senior Vice President, General Counsel and Secretary at Krispy Kreme in Winston-Salem, North Carolina. Mr. Marsch will provide an overview of legal issues in domestic and international franchising and provide a practical perspective on franchise disclosure regulation, franchisee selection, and franchise termination proceedings. Topics of discussion will include the trademark and trade secret protection, anti-corruption legislation, tariffs, and international food-safety regulation.