David J Kaufmann

December 19, 2018 | New York Law Journal

Franchisors and their management teams which elect to ignore the mandates of federal and state franchise registration/disclosure laws can expect to confront a litany of woe. In his Franchising column, David J. Kaufmann reviews how federal and state franchise laws define what conduct is prohibited; the broad investigative powers possessed by federal and state franchise administrators; the criminal and civil proceedings they can institute; and, who may be held liable for statutory violations.

By David J. Kaufmann

13 minute read

October 17, 2018 | New York Law Journal

Franchising columnist David J. Kaufmann addresses the NLRB's proposed new regulation addressing who may be characterized as a “joint employer” of another employer's employee and review recent judicial decisions of consequence to the franchise arena.

By David J. Kaufmann

8 minute read

August 23, 2018 | New York Law Journal

In his Franchising column, David J. Kaufmann examines an issue critical to franchisors—whether they will be deemed the “joint employers” of their franchisees' employees.

By David J. Kaufmann

7 minute read

June 20, 2018 | New York Law Journal

Franchising columnist David J. Kaufmann discusses how franchise networks are not immune from disputes.

By David J. Kaufmann

11 minute read

April 18, 2018 | New York Law Journal

Franchising columnist David J. Kaufmann discusses recent decisions tackling issues of scope of the New York Franchise Act, lost future royalties, and vicarious liability of a franchisor.

By David J. Kaufmann

11 minute read

February 14, 2018 | New York Law Journal

Franchising columnist David J. Kaufmann writes: For the first time ever, a New York court has held that late delivery of a franchisor's Franchise Disclosure Document, standing alone, will not trigger liability unless the subject franchisee is able to prove that it sustained damages as a result of late FDD delivery.

By David J. Kaufmann

9 minute read

October 17, 2017 | New York Law Journal

In his Franchising column, David J. Kaufmann writes: The requirements, restrictions, prohibitions and clarifications introduced by the 2017 NASAA FPR Commentary are truly significant, the most extensive overhaul of the rules governing financial performance representations since 1993.

By David J. Kaufmann

29 minute read

August 16, 2017 | New York Law Journal

Franchising columnist David J. Kaufmann writes: It appears that, across the board, the "progressive" attempt to characterize franchisors as the joint employers of their franchisees' employees is suffering a decisive retreat at the hands of federal and state legislatures and the judiciary, and may be doomed altogether once Trump-appointed NLRB board members come to constitute a majority.

By David J. Kaufmann

10 minute read

April 19, 2017 | New York Law Journal

Franchising columnist David J. Kaufmann writes: Perhaps the greatest skill set possessed by franchise counsel which will prove integral to a contemplated acquisition is the knowledge and ability to conduct meaningful due diligence of the target franchisor and its franchise network. Ironically, even though franchising is at the very core of franchisor acquisitions, quite typically the investment banks and very large law firms guiding the transaction are more concentrated on mechanics and finances.

By David J. Kaufmann

12 minute read

February 16, 2017 | New York Law Journal

In his Franchising column, David J. Kaufmann writes that every franchise agreement vests in the franchisor the ability to promulgate and modify from time to time "brand standards," allowing consumers to associate franchisors' marks with certain standards of quality, product offerings, unit appearance, no matter where the franchise is. But some franchisees have pushed back on brand standards.

By David J. Kaufmann

22 minute read