Franchising: Strategies, Issues And Answers


Originally published in The Metropolitan Corporate Counsel, Volume 20, No. 9. - September 2012.

The Editor interviews David A. Reif, Litigation Partner, McCarter & English, LLP.

Editor: Please tell us about your background and experience.

Reif: I am a litigation partner in the Hartford office of McCarter & English where I chair the franchise, distribution and trade regulation group. Since the mid ’70s, I have been doing litigation and dispute resolution with a focus, although not exclusively, on franchising and distribution. My emphasis is not really on a particular line of products, although I probably do more beverage franchising work than anything else. This coming year, I will chair the Connecticut Bar Association’s Franchise and Distribution Section.

Editor: What are the essential components of franchise systems?

Reif: Franchising in its broadest basis is a way of distributing goods and services through a network of franchisees that are independent entities who are not employees or pure licensees. This network presents the franchisor’s product in the marketplace under standards imposed by the franchisor using the method of marketing imposed by the franchisor and in return for which the franchisor gets a royalty...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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