David J Kaufmann

October 26, 2004 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, says that's not just the autumn breeze you are feeling. No, that's the wind ushering in a new era of franchise regulation, one highlighted by vision, dedication and a deep bow to technology.

By David J. Kaufmann

8 minute read

March 05, 2009 | New York Law Journal

David J. Kaufmann, senior partner at Kaufmann Gildin Robbins & Oppenheim, writes: Securing swift franchise registrations and renewals is always a top priority, especially at this time of year when "renewal season" is in full swing. Whether the company is an experienced franchisor which must stop all franchise sales activity while waiting for annual franchise registration renewals, or a start-up franchisor which cannot begin selling franchises until its initial franchise registrations take effect, all seek to minimize the "down time" on franchise sales necessitated by the registration process.

By David J. Kaufmann

14 minute read

May 03, 2011 | New York Law Journal

In his Franchising column, David J. Kaufmann, a senior partner at Kaufmann Gildin Robbins & Oppenheim, begins an examination of the many triggers for litigation that may arise when parent corporations try to compel franchisees to make changes in technology, process or any area of their business, offering examples from 1914 to the present.

By David J. Kaufmann

15 minute read

December 27, 2005 | New York Law Journal

David J. Kaufmann, a senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that tthe day will soon come when franchisors can fulfill their disclosure obligations through electronic communication � posting their Uniform Franchise Offering Circulars on the Internet; delivering their UFOCs on CD-ROMs; e-mailing their disclosure documents; or otherwise disseminating their UFOCs in a paperless fashion.

By David J. Kaufmann

6 minute read

April 26, 2002 | New York Law Journal

L et`s review some newsworthy judicial decisions, administrative decrees and events of interest to counsel representing national franchisors.

By David J. Kaufmann

10 minute read

April 29, 2008 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that the ability of a franchisor to enter into an exclusive supply arrangement with a beverage company, and to compel its franchisees to purchase their beverage needs solely from that source, was recently upheld in an Ohio case.

By David J. Kaufmann

8 minute read

February 26, 2002 | New York Law Journal

R eaders of this column will recall we recently warned that franchise agreement arbitration clauses were increasingly being held unconscionable and unenforceable by various West Coast courts 1 .

By David J. Kaufmann The End Of Arbitration In Franchising?

10 minute read

October 31, 2007 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes: Franchisees beware: Congress is poised to "help" you! A recently introduced bill would render invalid all franchise agreement predispute arbitration provisions. The result? Franchisees will likely be relegated to the lengthy, expensive and attorney-necessary domain of the courts to seek redress against their franchisors for alleged improper conduct.

By David J. Kaufmann

8 minute read

October 28, 2010 | New York Law Journal

In his Franchising column, David J. Kaufmann, senior partner at Kaufmann Gildin Robbins & Oppenheim, reviews recent decisions that indirectly held that a franchisor commits no wrongdoing by requiring a franchisee to disclaim fraudulent representations in the franchise agreement and thereafter relying on that disclaimer as an affirmative defense, and that buck the 15-year-old judicial trend that a franchisor that does not control the day-to-day operations of its franchisee.

By David J. Kaufmann

10 minute read

February 24, 2005 | New York Law Journal

David J. Kaufmann, a senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that the forthcoming revised FTC Franchise Rule will fundamentally alter today's franchise disclosure paradigm and submits that franchise counsel � especially those representing larger or more complex franchisors � should not wait for the final promulgation of the revised rule to begin responding to it.

By David J. Kaufmann

9 minute read