Key provisions for negotiating franchise and development agreements

Craig R. Tractenberg | Fox Rothschild LLP

Craig is a litigator who centers his practice on domestic and international disputes and corporate revitalizations. His cases have been recognized by the Turnaround Management Association, the ABA Forum Committee on Franchising, the International Franchise Association and cited by industry publications.

A seasoned litigator, Craig is adept at pursuing defendants who shield assets from recovery during litigation. He is experienced in tracing and recovering assets when possible, domestically and overseas.

Craig is Co-Chair of the firm’s Franchise & Distribution practice group, as well as Co-Chair of the International Arbitration practice group. He is an active arbitrator, judge pro tempore and expert witness, with a long history of involvement with the International Franchise Association, the International Bar Association, various local bar associations and pro bono clients.

Frequently sought as a speaker, Craig has presented lectures at bar associations in the United States, Europe and Asia, and has taught law students at domestic and international universities. He has published more than 500 articles, papers, presentations, book chapters and webinars. His retail experience includes the representation of restaurants, pharmacies, and apparel, educational and automotive retail chains and franchise systems. He also represents jewelry and watch brands, both domestic and internationally.

Eleanor Vaida Gerhards | Fox Rothschild LLP

Eleanor Vaida Gerhards is a partner at the national law firm of Fox Rothschild LLP where she concentrates her practice on commercial transactions and regulatory compliance matters representing entrepreneurs as well as start-up, emerging growth and established companies. As Co-Chair of the firm’s Franchising and Distribution Practice Group, she serves as outside general corporate and franchise legal counsel to franchise system clients. The International Franchise Association has designated Eleanor as a Certified Franchise Executive, and she serves as Co-Chair of the IFA Philadelphia Women’s Franchise Network.

She is a former member of the ABA Forum on Franchising Women’s Caucus, the IFA Legal Symposium Task Force, and ABA Forum on Franchising Program Committee. Eleanor frequently writes and speaks on legal issues in the franchise industry and is a past presenter at the ABA Forum on Franchising and IFA Legal Symposium. She authored chapters in the ABA book Exemptions and Exclusions under Federal and State Franchise Registration and Disclosure Laws and the ABA Franchise Deskbook Selected State Laws, Commentary and Annotations, Third Edition.

Her articles have appeared in the ABA Forum’s Franchise Lawyer newsletter, the Franchise Law Journal, Marijuana Venture Magazine, Law360 and Property Casualty 360. Eleanor has been recognized by Chambers USA as a leading national franchise attorney, named a “Legal Eagle” by Franchise Times for the last 9 years, a “Rising Star” by Superlawyers, a Pennsylvania “Lawyer on the Fast Track” by the Legal Intelligencer as well as recognized by Who’s Who Legal Franchising and named among Philadelphia’s Business Journal’s 40 under 40.

I. Critical negotiation provisions of franchise and development contracts | 12:00pm – 1:00pm

Break | 1:00pm – 1:10pm

II. Negotiation strategies for reducing risk | 1:10pm – 1:40pm

III. The impact of franchise registration state laws on negotiating contracts | 1:40pm – 2:10pm