2015 Basics of Franchise Law

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1 Business Law 2015 Basics of Franchise Law LIVE WEBCAST Friday, November 20, 2015 NC Bar Center, Cary VIDEO REPLAY Cary NC Bar Center Thursday, February 18, 2016 CLE CREDIT: 6.25 Hours including 1.0 Hour of Ethics/ Professional Responsibility Program Summary and Highlights Fourteen percent (14%) of North Carolinians are employed in franchise business with an $18 billion impact on the state s economy. This CLE is designed to help North Carolina attorneys be prepared to respond to the common issues they will face with clients involved in franchising. Learn how franchising impacts North Carolina s economy. Learn about federal, state and international laws governing franchise and business opportunity relationships. Learn practical skills for advising and counseling franchisees. Learn how franchisors and franchisees approach franchiserelated disputes. Receive updates on important NLRB and other judicial decisions. Planned by the NCBA Business Law Section The North Carolina Bar Association Foundation is accredited by the North Carolina State Bar as a provider of continuing legal education. twitter #NCBACLE facebook facebook.com/ncbaorg

2 2015 Basics of Franchise Law #431LWC November 20, 2015 FOUR WAYS TO REGISTER ONLINE* PHONE* FAX* MAIL** Attn: Accounting, NCBA Foundation, P.O. Box 3688, Cary NC *Credit cards only. **Please make checks payable to the NCBA Foundation. TUITION WEBCAST VIDEO REPLAY (VR) Select format and tuiton rate below. REGISTRANT TYPE WEBCAST AND VIDEO REPLAY TUITION NCBA Business Law Section Member NCBA Member Non-member Full-time LANC Attorney (NCBA Member) 1st Year Licensed in NC (NCBA Member) CLE Passport Holder Judge (NCBA Member) Clerk of Court (NCBA Member) Law Professor (NCBA Member) Law Student Division Member Paralegal Student Member $230 0 $305 $150 $99 6 Tokens $99 VIDEO REPLAY LOCATIONS Select your location. For details, see Cary February 18, 2016, 9:00a #431BAR REGISTRANT INFORMATION Please fill in the blanks. 431LWC-B Print Full Name: Firm/Organization Name: Address: City, State and ZIP: Daytime Phone Number: Address: NC State Bar No. (Required for MCLE Credit): PAYMENT Registration is processed only after payment is received. Please print clearly. Enclosed is a check, payable to the NCBA Foundation. Please charge my credit card. Card Number: Expiration Date: Total Amount: Signature:

3 Program Agenda Friday, November 20, 2015, 8:15a 4:30p 8:15a Registration and Continental Breakfast 8:50 Welcome and Introductions 9:00 The Inadvertent Franchise Sandra M. Clark Discuss common situations when a client becomes an unsuspecting franchisor (licensing, joint ventures, etc.) and potential liability from being one. Answer the question: when does your trademark license become a franchise? Hear horror stories of what happens when things go wrong. 10:00 Franchising 101: Registration and Disclosure Issues Ritchie W. Taylor This presentation provides an overview of the legal framework governing the sale of franchise and business opportunities (FTC franchise and business opportunity rules, both state and international). Learn to spot clients franchise and business opportunity issues as well as identify available alternatives and exemptions. Also discusses liability for non-compliance. 11:15 Break 11:30 Negotiating the Franchise Agreement and Related Legal Issues from the Franchisor and Franchisee Perspectives (What Can Be Negotiated and What Can t Be in the Franchise Agreement) Ralph J. DiLeone Learn what can be negotiated in franchise agreements and what standard and non-standard provisions are. This session focuses on other issues franchises face as well, such as franchise transfers, compliance issues, raising capital, ownership restrictions, impact of death or incapacity on franchise rights, and development and exit strategies available based upon the type of franchise selected (single unit vs. multi-unit). The speaker includes role plays addressing common issues faced by franchisor and franchisee counsel. 12:30p Lunch Break 1:15 Joint Employers and Vicarious Liability Past, Present and Future Joseph J. Santaniello This session discusses recent major NLRB and judicial decisions and their implications on joint employer and vicarious liability. 2:15 Break

4 2:30 Anatomy of a Franchise Lawsuit Franchisor and Franchisee s Perspective Corby C. Anderson and Ted P. Pierce Understand the issues surrounding grounds for termination, typical termination procedures, franchise dispute resolution procedures, impact of arbitration clauses from a franchisor s perspective, claims franchisors assert (and the legal basis for those claims), damages, class vs. individual lawsuits, impact of arbitration clauses from franchisee s perspective, etc. 3:30 *Ethical Minefields for Franchise Attorneys Mark A. La Mantia Hear a panel discussion addressing the ethical issues faced in franchise representation including: When a client is a franchise but refuses to comply with the law Competence Interaction with brokers and consultants in the franchise sales process Franchise consultants and the unauthorized practice of law Giving clients business vs. legal advice Do you help a client franchise their business when they don t really have a business suitable for franchising? 4:30 Adjourn *Indicates portion providing Ethics/Professional Responsibility credit Program materials are 100% DIGITAL Step-By-Step Download Instructions 1. Go to 2. Click on Your Course Materials (on right-side navigation). 3. Log in. (If you need help with your log in, call ) 4. Click on the CLE program title. 5. Download and save.

5 Program Information Planner Ritchie W. Taylor, Manning Fulton & Skinner PA, Raleigh Speakers Corby C. Anderson, Nexsen Pruet, Charlotte Sandra M. Clark, Manning Fulton & Skinner PA, Raleigh Ralph J. DiLeone, DiLeone & Associates PC, Raleigh Mark A. La Mantia, La Mantia Law Offices PC, Raleigh Ted P. Pierce, Nexsen Pruet, Charlotte Joseph J. Santaniello, Shumaker Loop & Kendrick LLP, Charlotte Ritchie W. Taylor, Manning Fulton & Skinner PA, Raleigh FINE PRINT REGISTRATION Registrations are limited by space, and may include a live video broadcast overflow room. TRANSFERS Registrants may transfer from a Live program, Video Replay, Webcast, Webinar or Phone/Audio Streaming Program without penalty within three business days after the program date. CANCELLATIONS Cancellations must be received by 9:00 a.m. the third business day prior to the program to qualify for a refund (less administrative fee). Those not attending will receive the digital program materials in full consideration of tuition paid. MCLE CREDIT The North Carolina Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. Each attorney must maintain a record of his/her attendance for the NC State Bar annual report. MCLE credit is reported by NCBA Foundation only if a NC State Bar number is provided. Your CLE tuition includes mandatory State Bar fees used to support the State Bar s Mandatory Continuing Legal Education program, the Chief Justice s Commission on Professionalism and the Chief Justice s Equal Access to Justice Commission. Your tuition also includes digital access to all program materials. DIGITAL PROGRAM MATERIALS You will receive a notification when digital materials are available to download. To retrieve digital materials, log in and select My Course Materials on the CLE website. All of the materials for this program will be available for download in advance of the program. A limited number of printed books will be available for purchase at the Live program. VIDEO REPLAYS To qualify for the Early Bird tuition, registration must be received one week prior to program date. NC State Bar rules require a minimum number of pre-registered active State Bar members. The NCBA Foundation reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Some sites require additional registration or evaluation forms. Visit to confirm video replay registration and program start times. CLE credit hours at Video Replays are subject to change. Video replay program attendees may purchase the printed manuscript at cost. Due to printing and shipping lead times we are unable to accommodate requests for print materials made fewer than seven (7) days prior to any video replay program. INCLEMENT WEATHER We make every effort to notify registrants when a program is canceled or delayed due to weather. If inclement weather is forecast, please check your local news listings or contact event venue. NCBA programs will follow the work schedule of the hosting institutions, to include delayed openings. CLE SCHOLARSHIPS A limited number of scholarships are available to members in financial need. Contact Membership Services at or EVENT SPONSOR AND EXHIBITOR OPPORTUNITIES Interested in meeting the attendees of this program? Become an exhibitor or sponsor! Contact Jennifer Shapiro at for detailed information about these opportunities and their benefits. FOR MORE INFORMATION, VISIT WWW. NCBAR.ORG/CLE.

6 P.O. Box 3688 Cary, NC Nonprofit Org. US Postage PAID Raleigh, NC Permit #297 North Carolina General Practitioner s Guide to Business Law (2010) This resource is a must-have for every general practitioner who wants to gain a basic knowledge of business law. Whether you are brushing up on the foundational elements of business law topics for an upcoming case or planning to expand your existing general practice into business law, the updated legislation and fillable forms contained within this invaluable resource can help. Topics include: North Carolina landlord-tenant overview, like-kind/1031 exchanges, collections, bankruptcy, labor and employment law, wrongful discharge, and more! Managing Editor: Jason B. Sparrow Assistant Editor: W. Kirk Sanders For more information or to order, call the Bookstore at , or visit www. ncbar.org/cle and click on Publications. Business Law 2015 Basics of Franchise Law LIVE WEBCAST Friday, November 20, 2015 NC Bar Center, Cary CLE CREDIT: 6.25 Hours includes 1.0 Hour of Ethics/ Professional Responsibility ATTENDEE TESTIMONIALS Excellent overview... a solid framework to advise a client considering a franchise. It is clear that great effort was put into making [this course] useful and relevant. Attendees, 2013 Basics of Franchise Law

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