Legal Franchise Symposium

13 January 2019 , Cairo - Egypt

Acknowledgment : IFA has been supportive of EFDA in this initiative and some of the programming is based on sessions from IFA’s Legal Symposium.

Top Legal Issues in Franchising:

International Standards, Regional Perspectives

I. Setting the Legislative Scene: A macrocosm and microcosm Analogy

 

  • Why have a Franchise Law and What factors to consider in drafting?

  • An overview of the Franchise Laws around the world: How different laws deal with core issues.

  • Franchising in Egypt: An overview of the Draft Franchise Law of Egypt

  • Does the Franchise Association’s code of ethics substitute or complement Franchise Law?

II. Key Issues in Franchise-related Mergers & Acquisitions

 

  • Deal process, optimizing purchase pricing, valuation process, critical issues of buyer’s due diligence: franchise laws  compliance, contract

              compliance, identifying red flags: joint employer/vicarious liabilities, sales violations, supplier issues, data privacy, expansion concerns,

              negotiating   key terms of purchase agreement, post-closing integration.

III. Conditions of Development:

 

  • How to Limit Liability Exposure in International Franchise Expansion:

 This session will identify key international judicial decisions and situations where franchisors or their master franchisees have been found liable, and

selective foreign laws under which franchisors or their master franchisees may be held liable for the failure or actions of foreign franchisees. The presenters

will highlight the problems international franchisors or their master franchisees have had in expansion, and identify potential solutions that franchisors

can undertake to limit their exposure to liability.

 

  • Handling Defaults and Terminations:

 This session will discuss how to handle franchise defaults in order to secure compliance with the franchise agreement while minimizing potential

franchisor liability. Topics to be discussed will include: identifying potential problems before they arise; considerations in deciding to default/terminate,

navigating the labyrinth of state relationship laws, steps in the default/termination process, dealing with other franchisees, enforcing termination and

post-term obligations.

IV. Resolving Franchising Disputes: Mediation and Arbitration

 

  • This session will provide an overview of arbitration rights and key trends. It will then apply that information to focus on how best to position a

              company for handling and resolving disputes in arbitration. It will explain practical ways to better control the arbitration and outcome and also

              eliminate certain litigation risks.

V. The Digital Economy’s Impact on Franchising

 

  • How franchise companies are interacting with the digital economy

  • What threats and opportunities the digital economy presents for franchising, domestically and internationally, including:

    • Brand protection in arrangements with companies such as Uber, etc.

    • Consumer data – who can or should own data, who can use data and how; impact of GDPR on franchise systems with contacts to the EU.The

                            explanation is very westernized.

    • Mobile marketing/mobile apps/TCPA issues.

VI. Lawyers’ Use of Ever Changing and Advancing Technology:

 

  • This session will take a deeper dive into that obligation by discussing practical ways to address ethics issues that arise from lawyers’ use of ever

              changing and advancing technology that is supposed to make the practice of law more efficient. The discussion will include: using personal

              smartphones and text messages to communicate, storing client files in the cloud, responsibility beyond the client for cybersecurity and data

              breaches, lawyers and ISO 27001 certification, the global implications of technology use.

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