David J Kaufmann

June 24, 2011 | New York Law Journal

In his Franchising column, David J. Kaufmann, a senior partner at Kaufmann Gildin Robbins & Oppenheim, writes: The acquisition of a franchised network—whether by a competitor or a private equity concern—is often followed by significant modifications to that network. However, there are significant business and legal issues which may circumscribe an acquiror's ability to effectuate such network change.

By David J. Kaufmann

15 minute read

November 09, 2012 | New York Law Journal

In his Franchising column, David J. Kaufmann, senior partner of Kaufmann Gildin Robbins & Oppenheim, discusses a franchisors' ability to dictate precisely the minimum and maximum retail prices which their franchisees may charge the public for products/services, which can dramatically heighten those franchisors' competitive positions versus other brands.

By David J. Kaufmann

18 minute read

June 23, 2005 | New York Law Journal

David J. Kaufmann, a senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that it was 25 years ago that the New York Legislature enacted the New York Franchise Act, which was wriiten by Mr. Kaufmann. What a perfect time to take a look back at the events and circumstances which gave rise to the need for the act and how it finally saw the light of day.

By David J. Kaufmann

10 minute read

April 23, 2003 | New York Law Journal

By David J. Kaufmann

8 minute read

December 24, 2008 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that over the past two decades more sophisticated courts have stopped applying employment/agency principles to franchisor vicarious liability actions, instead crafting a doctrine under which a franchisor will be held liable only if it controlled the day-to-day operations of the franchisee and/or the franchisee's instrumentality of harm. The evolution of judicial doctrine in this area is not complete, as shown by a recent Southern District decision where the court spent a great deal of time seemingly trying to find some ground to hold the franchisor liable under increasingly antiquated judicial principles.

By David J. Kaufmann

11 minute read

December 30, 2004 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, covers a jury decision that an agent was a "franchisee" whose termination was accomplished in violation of the Connecticut Franchise Act (a franchise "relationship" statute governing when a franchise may or may not be terminated and must or need not be renewed).

By David J. Kaufmann

5 minute read

February 22, 2007 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that the revised FTC Franchise Rule is a visionary and remarkable accomplishment, reflecting the FTC's dedicated commitment to ascertain in detail the current status of franchising; its role in the American economy; the needs and wants of franchisors, franchisees and the general public; and, a commitment to address the vast changes which have transpired since the promulgation of the original rule in 1978.

By David J. Kaufmann

10 minute read

August 30, 2004 | New York Law Journal

David J. Kaufmann, a senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that today's complex web of state, federal and international laws, rules and regulations governing the offer and sale of franchises and certain elements of the franchisor-franchisee relationship was largely nonexistent just a half century ago.

By David J. Kaufmann

4 minute read

February 23, 2006 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes: "It's bail before jail, so you'd better not fail." That sign, which for years hung over the desk of a prominent state franchise regulator, concisely conveys the compelling need for every franchisor to establish, give high priority to and vigilantly administer a franchise law compliance program.

By David J. Kaufmann

8 minute read

April 29, 2005 | New York Law Journal

David J. Kaufmann, a senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that one of the most critical sectors of franchise law compliance concerns what a franchisor legally may tell a prospective franchisee about past or projected sales, income, profits or costs of franchised or company-owned units in its network.

By David J. Kaufmann

11 minute read