David J Kaufmann

December 23, 2020 | New York Law Journal

In this edition of his Franchising column, David J. Kaufmann explores recent decisions in the field, touching on issues from broker liability for fraud in New York, to questions of vicarious liability.

By David J. Kaufmann

11 minute read

October 28, 2020 | New York Law Journal

In his column on Franchising, David J. Kaufmann asks: How do you administer the legal department of one of the world's largest franchisors? To gain insight, he turned to Julie Davis, the Global Chief Legal Officer of Taco Bell Corp.

By David J. Kaufmann

7 minute read

August 28, 2020 | New York Law Journal

In his Franchising column, David J. Kaufmann addresses the various required and permitted amendments to a franchisor's disclosure document and the timing requirements pertaining to same.

By David J. Kaufmann

13 minute read

June 29, 2020 | New York Law Journal

In response to what it perceived as the significant impact the COVID-19 pandemic has had on many franchise businesses, on June 17, the North American Securities Administrators Association (NASAA) Franchise and Business Opportunities Project Group—the quasigovernmental organization of federal and state franchise regulators that coordinates regulatory policy nationwide—issued guidance

By David J. Kaufmann

13 minute read

June 25, 2020 | New York Law Journal

Forty years ago this month the New York Franchise Act, General Business Law of New York, Article 33, §§680, was enacted into law by the Legislature and it is safe to say that the statute achieved its intended purpose—the eradication of massive fraud and criminality that had permeated the then-nascent franchise arena.

By David J. Kaufmann

10 minute read

December 24, 2019 | New York Law Journal

In his Franchising column, David J. Kaufmann discusses a new accounting rule that became effective Jan. 1, 2019 for non-public business entities, meaning that their fiscal year end 2019 audited financial statements must be in full compliance therewith.

By David J. Kaufmann

8 minute read

October 24, 2019 | New York Law Journal

In his Franchising column, David J. Kaufmann reviews instructions for the new, recently adopted series of Franchise Disclosure Document (FDD) "state cover pages," and also discusses recent noteworthy decisions.

By David J. Kaufmann

6 minute read

September 25, 2019 | New York Law Journal

In his Franchising column, David J. Kaufmann writes: The "progressive" effort to have franchisors declared the employers of their franchisees may have become law in California under a bill (AB-5) just enacted by its Legislature and signed into law on Sept. 18, 2019 by Gov. Gavin Newsom.

By David J. Kaufmann

11 minute read

June 21, 2019 | New York Law Journal

In his Franchising column, David Kaufmann discusses a trio of cases out of California which could prove to be of critical importance to franchisors in New York and nationwide.

By David J. Kaufmann

9 minute read

January 30, 2019 | New York Law Journal

In his Franchising column, David J. Kaufmann writes: A relatively recent change to accounting standards promulgated by the Financial Accounting Standards Board (FASB) may in certain instances significantly impact the financial statements of franchisors which regulators will be reviewing this year in Item 21 of such franchisors' Franchise Disclosure Documents (FDDs) during FDD “renewal season” (March-May). This is especially so in the case of newer, emerging franchisors.

By David J. Kaufmann

7 minute read