David J Kaufmann

September 24, 2010 | New York Law Journal

In his Franchising column, David J. Kaufmann, senior partner at Kaufmann Gildin Robbins & Oppenheim, discusses significant decisions rendered over the past year addressing charges of fraud attendant to the sale of a franchise network; whether a prospective franchisee may invoke the protections of the New York Franchise Act after being denied a franchise; whether a law firm may be held liable with its franchisor client for violations of the New York Franchise Act; and the trouble that franchisors can get into when their franchisees do not properly identify themselves as such.

By David J. Kaufmann

9 minute read

February 28, 2008 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, reviews two recent decisions that could expand the window of liability confronted by franchisors, one involving the antiwaiver provisions of the New York Franchise Act, the other reminding franchisors to require franchisees to abide by the requirements of the Americans with Disabilities Act.

By David J. Kaufmann

8 minute read

March 03, 2010 | New York Law Journal

David J. Kaufmann, senior partner at Kaufmann Gildin Robbins & Oppenheim, reviews how federal and state franchise laws define what conduct is prohibited thereunder; 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

12 minute read

June 25, 2009 | New York Law Journal

David J. Kaufmann, a senior partner at Kaufmann Gildin Robbins & Oppenheim and author of the New York Franchise Act, writes that as a result of a recently enacted amendment to Section 1136 of the New York Tax Law, all franchisors having franchisees in New York must soon annually report to the New York State Department of Taxation and Finance the gross sales of each franchisee located in this state as reported by such franchisee to its franchisor.

By David J. Kaufmann

15 minute read

December 30, 2010 | New York Law Journal

In his feature, David J. Kaufmann of Kaufmann Gildin Robbins & Oppenheim discusses what franchising is and how it works, and furnishes a glossary of business terms that practitioners should be familiar with.

By David J. Kaufmann

10 minute read

October 27, 2005 | New York Law Journal

David J. Kaufmann, senior partner of Kaufmann, Feiner, Yamin, Gildin & Robbins, writes that eighteen states have laws that govern the post-sale franchise relationship, dictating when, and under what circumstances, a franchisor may terminate an extant franchise agreement or refuse to renew a franchise. As these statutes vary, and their provisions supercede individual franchise agreements, counsel must closely scrutinize such franchise relationship laws to avoid a trap for the unwary.

By David J. Kaufmann

6 minute read

December 30, 2010 | New York Law Journal

In his feature, David J. Kaufmann of Kaufmann Gildin Robbins & Oppenheim discusses what franchising is and how it works, and furnishes a glossary of business terms that practitioners should be familiar with.

By David J. Kaufmann

10 minute read

June 24, 2010 | New York Law Journal

In his Franchising column, David J. Kaufmann, senior partner at Kaufmann Gildin Robbins & Oppenheim, recognizes the dedicated individuals who have played an important a role in establishing a clean franchise marketplace in New York and enabling hundreds and hundreds of legitimate franchisors, and their franchisees, to thrive as a result.

By David J. Kaufmann

8 minute read

November 07, 2001 | Law.com

Franchisors seeking to enforce arbitration provisions contained in their franchise agreements beware. Over the past six months, two California courts have disemboweled such arbitration clauses and New York-based franchisors have good reason to fear that their arbitration provisions will suffer a similar fate in California.

By David J. Kaufmann

10 minute read

October 22, 2009 | New York Law Journal

David J. Kaufmann, senior partner at Kaufmann Gildin Robbins & Oppenheim, wrtes that it is fascinating that in this day and age a New York franchisee seeking to assert a New York Franchise Act cause of action against an out-of-state franchisor would have its attempt rebuffed by the franchisor's home state court.

By David J. Kaufmann

11 minute read