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2008 Symposium – Marry Me and Make Me Rich: Franchise Law in the 21st Century

March 7, 2008 | 8 a.m. – 4:30 p.m. | Barrister Club

The Ohio State University Entrepreneurial Business Law Journal‘s 2008 Symposium Marry Me and Make Me Rich: Franchise Law in the 21st Century will feature expert panelists from the legal practice, business sector, and academia presenting their insights on the current status of franchise law in the United States and abroad.

Speakers will focus on both federal and international franchise law, the legal, business, and economic implications of regulation, and considerations regarding the contractual relationships between franchisors and franchisees. The symposium will provide attorneys with an understanding of the intricacies and recent developments in the business and law of franchising. CLE credit has been requested.

The Keynote Address, to be given by Martin Mendelsohn of the U.K.’s Eversheds Franchise Group, will provide commentary on various aspects of international franchising. He will provide legal and business analysis based on his experiences throughout his prolific career as both an attorney and business advisor in international franchising, including his work advising governments of numerous countries in drafting laws and regulations governing franchising.

Panelists will include: Antony Dnes of the University of Hull, Francine Lafontaine of the University of Michigan, Robert Emerson of the University of Florida, Bruce Kobayashi of George Mason University, Christopher Drahozal of University of Kansas, Thomas Arnold of the University of Tulsa, Alexander Meiklejohn of Quinnipiac University, Udo Schlentrich of the University of New Hampshire, Dennis Wieczorek of DLA Piper, Philip Zeidman of DLA Piper, Edward Dunham of Wiggin and Dana LLP, Rupert Barkoff of Kilpatrick Stockton LLP, Matthew Shay, President of the International Franchise Association, and Herbert Hedden of Vorys, Sater, Seymour & Pease LLP.

The Ohio State University Moritz College of Law’s Entrepreneurial Business Law Journal is privileged to host its third annual symposium. We at Ohio State hope that you will join us in Columbus, Ohio, to participate in this event. All symposium papers will be published in Volume 3, Issue 2, of the Entrepreneurial Business Law Journal, scheduled for publication in the early fall of 2008.

Acknowledgements

The Entrepreneurial Business Law Journal would like to thank the International Franchise Association for its support and generosity. The IFA, headquartered in Washington, D.C., is the world’s oldest and largest association representing the interests of franchising, with more than 1,000 franchisor members, 8,000 franchisee members, and 400 franchise supplier members. The membership of IFA includes franchise systems operating in more than 75 different industries. For more information, please contact the IFA Media and Communications department at (202) 628-8000 or visit IFA’s web site at www.franchise.org.

The Entrepreneurial Business Law Journal would like to extend our sincerest gratitude to Dean Nancy Rogers and the Moritz College of Law for their generous assistance and contributions. EBLJ would also like to acknowledge the special efforts of journal advisors Professors Dale Oesterle, Larry Garvin, and Allan Samansky. EBLJ would also like to thank our moderators for their time, effort, and thoughtful input.

The Entrepreneurial Business Law Journal extends a special acknowledgment to Mr. James White, Jr. EBLJ thanks him for his generous gift and for his ongoing support of and loyalty to the Moritz College of Law.

Featured Keynote Speaker

MARTIN MENDELSOHN is a lawyer, author, and the Chairman of the Eversheds Franchise Group throughout its 21 offices in the UK, Continental Europe, the Middle East and the far east. He has been particularly involved in franchising, distribution, agency and licensing transactions both domestic to the UK and internationally for 40 years, as well as UK and EC Competition Law.

His introduction to franchising came in 1964 when he was retained to advise a USA franchise company in the UK. In 1965 he was appointed as Managing Director of its UK subsidiary which he ran for some 5-6 years in addition to his law practice. He has also been a non-executive director of another franchise company as well as other commercial companies not involved in franchising.

His practical experience in franchising is what enabled him to write a wide range of business books which have been published in numerous editions and languages over the years.

Innumerable franchise companies have taken advantage of this wealth of experience to obtain business advice on their day-to-day activities. Dr. Mendelsohn has also advised countless companies on structuring and restructuring their business arrangements, and in the development of their expansion programmes whether franchised or not. He has extensive experience in advising in the international marketplace being consulted by companies, including small-to-major multinationals, from all parts of the globe.

Distinguished Speakers

THOMAS M. ARNOLD is the Professor of Law and Director of the Entrepreneurial Law Certificate Program at University of Tulsa College of Law. His teaching interests include agency and partnership, civil procedure, contracts, corporate law, franchise law, and unfair trade practices.

RUPERT BARKOFF has been practicing franchise, distribution and corporate law with Kilpatrick Stockton in Atlanta, Georgia since 1973. His franchise practice emphasizes solutions to registration and structuring issues and developing individual and collective solutions to franchisor-franchisee relationship problems.

CHRISTOPHER R. DRAHOZAL is the John M. Rounds Professor of Law at the University of Kansas School of Law. He has written extensively on the law and economics of arbitration. Prior to teaching, Professor Drahozal was in private law practice in Washington, D.C., and served as a law clerk for the Iran-U.S. Claims Tribunal, the United States Supreme Court, and the United States Court of Appeals for the Fifth Circuit.

ANTONY W. DNES is Professor of Economics and Head of Economics in the University of Hull Business School.

EDWARD WOOD DUNHAM is a partner in Wiggin and Dana LLP. For over 25 years, Mr. Dunham has represented businesses in a wide variety of complex litigation, including antitrust, patent and trademark infringement, trade secrets, product recall, and employment discrimination disputes.

ROBERT W. EMERSON is Huber Hurst Professor of Business Law, and Chair of the Department of Management & Legal Studies, at the University of Florida’s Warrington College of Business Administration. A graduate of Harvard Law School and former litigator in Baltimore, Prof. Emerson teaches graduate and undergraduate courses on the legal environment of business and various other law-related classes.

HERBERT HEDDEN is a partner in the Columbus office of Vorys, Sater, Seymour and Pease LLP. He practices in the area of commercial law with an emphasis on franchising and distribution law.

BRUCE H. KOBAYASHI is Professor of Law at George Mason University School of Law. He currently serves on the advisory board for the BNA Patent, Copyright & Trademark Journal, and is a member of the executive board of the AALS Section on Antitrust and Economic Regulation.

FRANCINE LAFONTAINE is Professor of Business Economics and Public Policy in the Stephen M. Ross School of Business, University of Michigan and Professor of Economics, the Department of Economics, University of Michigan. The main thrust of her research is on the application of recent advances in contract theory to analyses of vertical relationships and franchising arrangements.

ALEXANDER MEIKLEJOHN is Professor of Law in the Quinnipiac University School of Law. Professor Meiklejohn teaches contracts, commercial law, real estate transactions, and a seminar on franchise law.

UDO SCHLENTRICH is a graduate of the Lausanne Hotel Management School in Switzerland, Cornell University and holds his Ph.D. from Strathclyde University. His primary areas of research lie in the investigation of the drivers of customer loyalty and the modeling of risk and opportunity assessment in the area of publicly listed franchise companies as well as their financial performance.

MATTHEW SHAY is President of the International Franchise Association. Since joining IFA in 1993, he has also served as Executive Vice President and Chief Operating Officer, Senior Vice President and Chief Counsel, as well as Vice President and Director of Government Relations.

DENNIS E. WIECZOREK is a partner in DLA Piper’s Chicago office and is the Chair of its Franchise and Distribution Practice Group. He has concentrated in US and international franchising, licensing, antitrust, and distribution law matters for over 25 years.

PHILIP F. ZEIDMAN, a senior partner with DLA Piper US LLP, devotes his practice to franchising law and the rapidly growing field of international distribution, licensing, and franchising law.