David J Kaufmann

February 25, 2015 | New York Law Journal

In his Franchising column, David J. Kaufmann writes: The general counsel of the National Labor Relations Board's charge that McDonald's Corporation is a "joint employer" of its franchisees' employees disregards 50 years of law and business principles. Fortunately, the courts continue to respect the economic realities of franchising and legal precedent reflecting same.

By David J. Kaufmann

12 minute read

February 24, 2015 | New York Law Journal

In his Franchising column, David J. Kaufmann writes: The general counsel of the National Labor Relations Board's charge that McDonald's Corporation is a "joint employer" of its franchisees' employees disregards 50 years of law and business principles. Fortunately, the courts continue to respect the economic realities of franchising and legal precedent reflecting same.

By David J. Kaufmann

12 minute read

December 16, 2014 | New York Law Journal

In his Franchising column, David J. Kaufmann reviews which establishments and menu items are covered by the menu labeling requirements of the Patient Protection and Affordable Care Act of 2010, and what the impact of noncompliance would be.

By David J. Kaufmann

11 minute read

November 07, 2014 | Commercial Litigation Insider

David J. Kaufmann analyzes a recent decision in which Southern District Chief Judge Loretta A. Preska held that franchisee disclaimers of non-reliance on purported financial performance representations allegedly furnished outside of a franchisor's Franchise Disclosure Document do not violate the "anti-waiver" provision of the New York Franchise Act.

By David J. Kaufmann

7 minute read

November 06, 2014 | New York Law Journal

In his Franchising column, David J. Kaufmann analyzes a recent decision in which Southern District Chief Judge Loretta A. Preska held that franchisee disclaimers of non-reliance on purported financial performance representations allegedly furnished outside of a franchisor's Franchise Disclosure Document do not violate the "anti-waiver" provision of the New York Franchise Act.

By David J. Kaufmann

7 minute read

June 24, 2014 | New York Law Journal

In his Franchising column, David J. Kaufmann, a senior partner of Kaufmann Gildin & Robbins, addresses fundamental questions frequently posed by clients thinking of franchising their businesses, questions not related to law but to business: Should I franchise my business? What are the considerations for doing so? What legal and other documents will I need?

By David J. Kaufmann

12 minute read

April 23, 2014 | New York Law Journal

In his Franchising column, David J. Kaufmann, senior partner at Kaufmann Gildin & Robbins, discusses what steps must a franchisor take with respect to franchisees in the pipeline—those who have received a Franchise Disclosure Document but not yet signed a binding agreement with, or paid any money to, the franchisor—once the franchisor has issued a new successor FDD.

By David J. Kaufmann

10 minute read

December 31, 2013 | New York Law Journal

In his Franchising column, David J. Kaufmann, senior partner of Kaufmann Gildin & Robbins, reviews recent cases where a plaintiff-franchisee sought to impose personal liability upon the owners of a franchisor and to have that liability declared non-dischargeable in said individuals' bankruptcy proceeding, and two cases involving franchisor vicarious liability.

By David J. Kaufmann

8 minute read

December 27, 2012 | New York Law Journal

In his Franchising column, David J. Kaufmann, senior partner of Kaufmann Gildin Robbins & Oppenheim, reviews the process of registration, the keystone of a franchisor's ability to legally engage in franchise sales activity in this state.

By David J. Kaufmann

5 minute read

June 26, 2013 | New York Law Journal

In his Franchising column, David J. Kaufmann, a senior partner at Kaufmann Gildin Robbins, writes that there exists a universe of pricing models which private equity concerns may utilize in determining the ultimate purchase price they are willing to expend to accomplish the subject acquisition, and each has its own raison d'être and legitimacy.

By David J. Kaufmann

11 minute read