The Risks and Rewards

Transcription

1 29 th Annual Joint Conference May 7-8, 2013 JW Marriott Washington, DC, USA The Risks and Rewards of International Franchising Conference Chair: Andrew Loewinger Nixon Peabody LLP Organized by the International Franchising Committee of the International Bar Association s Legal Practice Division and the International Franchise Association For more information on this program, visit

2 9:30 to 10:30 a.m. PROGRAMME Tuesday, May 7, :00 p.m. Reception and Dinner The Occidental Grill, Willard Hotel 1475 Pennsylvania Avenue, NW, Washington, DC *Cocktails and hors d oeuvres will be served from 6:00 to 7:00 pm. Dinner will be served at 7:00 pm. Wednesday, May 8, :30 a.m. to 4:00 p.m. Registration Desk Open 7:30 to 8:00 a.m. Continental Breakfast 8:00 to 8:10 a.m. Welcome & Introduction Conference Chair: Andrew Loewinger, Nixon Peabody LLP, & Chair, IBA International Franchising Committee 8:10 to 9:25 a.m. Plenary I: The Dark Side of Master Franchising Is the enormous popularity of master franchising undeserved? The session will explore the pitfalls of master franchising for international expansion. Is there enough money in the relationship for franchisors and master franchisees? Do franchisors have sufficient control? Do termination problems render the relationship overly difficult? Francesca Turitto, Studio Legale Roma, Lepri & Partners, Rome, Italy Lee Plave, CFE, Plave Koch, Reston, Virginia, U.S.A. Penny Ward, Baker & McKenzie, Sydney, New South Wales, Australia Will Woods, Baker Botts, Dallas, Texas, U.S.A. Concurrent Interactive WorkshoPs WORKSHOP 1: Use of Brokers, Franchise Sales Networks and Consultants in International Franchising This workshop will address the use of brokers, franchise sales networks, and other consultants in international franchising. We will discuss their use in locating master franchisees and area representatives; vetting prospects; the pros and cons of using these resources; and the best practices, legal implications and other protections needed. Marco Hero, PF&P Rechtsanwälte, Munich, Germany Robert Stidham, Franchise Dynamics, LLC, Homewood, Illinois, U.S.A. Carl Zwisler, Gray, Plant, Mooty, WORKSHOP 2: Detecting and Dealing with Under-Reporting by Master Franchisees and Unit Franchisees In this inter-related global economy, how do franchisors confirm compliance with basic contractual requirements such as reporting of royalties, marketing and other fees by master franchisees and unit franchisees? This workshop will discuss some of the processes to detect under-reporting by far flung master franchisees and unit franchisees; the best practices to ensure compliance; and the ramifications of non-compliance with reporting requirements. Kathie Lee, Le Pain Quotidien, New York, New York, U.S.A. Dominic Hui, Ribeiro Hui, Hong Kong, China Lisa T. Greenlees, Marriott International, Inc., Bethesda, Maryland, U.S.A. WORKSHOP 3: Pros and Cons of Using a Uniform Disclosure Document This workshop will explore the feasibility of using a standard international franchise disclosure document; and then working with local counsel to conform the document for specific transactions and use in a country through specific addenda. The program will discuss relative advantages and disadvantages of this approach versus other approaches. Leonard Polsky, CFE, Gowling Lafleur Henderson, Vancouver, British Columbia, Canada Luciana Bassani, Dannemann Siemsen Advogados, Rio De Janeiro, Brazil Philip Colman, Mason Sier Turnbull Lawyers, Victoria, Australia Gary Duvall, CFE, Dorsey & Whitney, Seattle, Washington, U.S.A. Remi Delforge, Manasse & Delforge, Nice, France

3 10:30 to 10:50 a.m. Refreshment Break 10:50 a.m. to 12:05 p.m. Plenary II: News from Around the World An international panel will discuss recent developments and news of interest in international franchising. Andrew Loewinger, Nixon Peabody LLP, André Visser, Adams & Adams, Pretoria, South Africa Larry Weinberg, CFE, Cassels Brock, Toronto, Ontario, Canada Chris Wormald, Field Fisher Waterhouse, LLP, London, England Bachir Mihoubi, FranCounsel Group, Atlanta, Georgia, U.S.A. 12:05 to 1:35 p.m. Luncheon with Panel Discussion: New U.S. Government Programs for International Expansion This program will address new US government programs designed to aid international franchise expansion efforts. Andrew Loewinger, Nixon Peabody LLP, James Pickup, DLA Piper LLP (US), Pat Loui, Export-Import Bank of the U.S., 1:45 to 2:45 p.m. Concurrent Interactive Workshops WORKSHOP 1: Use of Brokers, Franchise Sales Networks and Consultants in International Franchising This workshop will address the use of brokers, franchise sales networks, and other consultants in international franchising. We will discuss their use in locating master franchisees and area representatives; vetting prospects; the pros and cons of using these resources; and the best practices, legal implications and other protections needed. Marco Hero, PF&P Rechtsanwälte, Munich, Germany Robert Stidham, Franchise Dynamics, LLC, Homewood, Illinois, U.S.A. Carl Zwisler, Gray, Plant, Mooty, WORKSHOP 2: Detecting and Dealing with Under-Reporting by Master Franchisees and Unit Franchisees In this inter-related global economy, how do franchisors confirm compliance with basic contractual requirements such as reporting of royalties, marketing and other fees by master franchisees and unit franchisees? This workshop will discuss some of the processes to detect under-reporting by far flung master franchisees and unit franchisees; the best practices to ensure compliance; and the ramifications of non-compliance with reporting requirements. Kathie Lee, Le Pain Quotidien, New York, New York, U.S.A. Dominic Hui, Ribeiro Hui, Hong Kong, China Lisa T. Greenlees, Marriott International, Inc., Bethesda, Maryland, U.S.A. WORKSHOP 3: Pros and Cons of Using a Uniform Disclosure Document This workshop will explore the feasibility of using a standard international franchise disclosure document; and then working with local counsel to conform the document for specific transactions and use in a country through specific addenda. The program will discuss relative advantages and disadvantages of this approach versus other approaches. Leonard Polsky, CFE, Gowling Lafleur Henderson, Vancouver, British Columbia, Canada Speaker: Luciana Bassani, Dannemann Siemsen Advogados, Rio De Janeiro, Brazil Philip Colman, Mason Sier Turnbull Lawyers, Victoria, Australia Gary Duvall, CFE, Dorsey & Whitney, Seattle, Washington, U.S.A. Remi Delforge, Manasse & Delforge, Nice, France 2:45 to 3:00 p.m. Refreshment Break 3:00 to 4:15 p.m. Plenary III: Using Negotiation and Mediation to Resolve International Franchise Disputes This program will address the use and effectiveness of non-binding dispute resolution for problems in international franchise relationships. The topic will be examined from two perspectives: drafting effective provisions in international franchise agreements; and, procedures and techniques for conducting non-binding dispute resolution. Regional differences will also be considered. Jeffrey Brimer, CFE, Faegre Baker Daniels LLP, Denver, Colorado, U.S.A. Karsten Metzlaff, Noerr LLP, Berlin, Germany Jennifer Dolman, Osler, Hoskin & Harcourt LLP, Toronto Ontario, Canada Michael Lindsey, Paul Hastings, Los Angeles, California, U.S.A. 4:15 p.m. Conference Adjourns

4 GENERAL INFORMATION Venue JW Marriott 1331 Pennsylvania Avenue, NW Washington, DC, USA Tel: +1 (202) Fax: +1 (202) You may reserve for your hotel room at the JW Marriott online at wasjw2013ifalegal. Or you may call (from the U.S. and Canada) for international calls, dial and indicate you are attending the IFA 2013 Legal Conference. Our room rate for a standard room is $309 (single or double) and includes internet access in the guest rooms. The deadline for making reservations is April 12th (or when the IFA room block is filled, whichever is first.) Once the room block is sold out, reservations will be accepted on a space and rate availability basis. The JW Marriott is located in downtown Washington at 1331 Pennsylvania Avenue. For more information about the JW Marriott Hotel, visit Hotel Rates US $ 309 Single/Double Language The working language of the Conference will be English. Conference Registration Fees IBA or IFA US $ 550 per person Non US $ 700 per person Conference Registration fees include: Attendance at all educational sessions Conference working materials Reception and Dinner Tuesday, May 7 Continental Breakfast Wednesday, May 8 Refreshment Breaks Wednesday, May 8 Lunch Wednesday, May 8 Pre-Registration and Payment of Fees Pre-registration for the IBA/IFA Joint Conference closes April 24. If you are not able to meet this deadline, please register at our onsite Registration Desk beginning Monday afternoon (there will be a $50 onsite processing fee). To register for all events described in this brochure, please complete one registration form per person and send with payment to the IFA Offices in Washington, DC. Payment of fees should be in US dollars, by check or bank draft drawn on a US bank and made payable to the International Franchise Association (Federal Tax ID # ) or by Visa, MasterCard, American Express or Discover Card. If you would like to pay by wire transfer, please contact the IFA Offices at 202/ for account information. You may also register online at Go to the Events tab and select IBA/IFA Joint Conference. Cancellation Full refunds (minus a $50 administration fee) will be granted for registrations cancelled at least 14 days in advance of the conference. A 50% refund (minus a $50 administration fee) will be provided for registrations cancelled 7-14 days in advance. No refunds will be permitted for cancellations less than 7 days in advance or for no-shows. All requests for refunds must be made in writing to the IFA. There is a $50 substitution fee. Social Programme A special networking reception and dinner will be held the evening of May 7 at the Occidental Grill in downtown Washington, DC, just across the street from the JW Marriott. The reception will begin at 6:00 pm and guests will be seated for dinner at 7:00 pm. The cost of the reception and dinner is included in the registration fee. Conference attendees wishing to purchase an additional dinner ticket for Tuesday evening can do so for US $185 per ticket. Earn Credits Your attendance at the IBA/IFA Conference qualifies you for Continuing Professional Development (CPD) credits. The Conference has been accredited by the Solicitors Regulation Authority of England and Wales. The number of CPD points/hours available may vary for other bar associations and law societies depending on their criteria. If CPD accreditation is required by delegates from other countries, the IBA will be pleased to supply a certificate of attendance. Contact the Conference Department (confs@int-bar.org) or + 44 (0) at the IBA for more information. In addition, you may also earn Continuing Legal Education Credits (CLE s) in most US states by attending this conference. Details on how to obtain credits will be available onsite at the IFA Registration Desk. You will earn 150 Education credits toward the completion of the Certified Franchise Executive (CFE) accreditation by attending the IBA/IFA Joint Conference.

5 29 th Annual IBA/IFA Joint Conference Registration Form May 7-8, 2013 JW Marriott Washington, DC, USA Please read the General Information section before completing this form and return it with your payment to the address below. Please complete one form per person. Pre-registration for the IBA/IFA Joint Conference closes April 24. To register after this date, please visit our onsite Registration Desk beginning the afternoon of May 6. Full Name Title Nickname for Badge Company Address City State Zip Code Country Telephone Fax Please mark the appropriate boxes: Registration Fees are Per Person. o IBA or IFA Member US $550 per person X = $ o Non-Member US $700 per person X = $ o Additional Dinner Tickets for Conference Attendees US $185 per person X = $ Guest Name (if applicable): GRAND TOTAL $ Complete and return with payments to: International Franchise Association c/o 29 th Annual IBA/IFA Joint Conference 1501 K Street, NW, Suite 350 Washington, DC USA Telephone + 1 (202) Fax + 1 (202) International Bar Association (IBA) the global voice of the legal profession The International Bar Association (IBA), established in 1947, is the world s leading organisation of international legal practitioners, bar associations and law societies. The International Bar Association (IBA), established in 1947, is the world s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of more than 50,000 individual lawyers and over 200 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community. Divisions and Committees Grouped into two divisions the Legal Practice Division and the Public and Professional Interest Division the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of business law around the globe. International Bar Association 4th Floor, 10 St Bride Street, London EC4A 4AD, United Kingdom Tel: +44 (0) Fax: +44 (0) member@int-bar.org Web site: International Franchise Association (IFA) The International Franchise Association, founded in 1960, is the oldest and largest association in the world representing franchisors, franchisees and suppliers to the franchise community. The IFA represents more than 1,300 franchisors, thousands of franchisees and more than 600 franchise community suppliers. IFA s members have franchise operations in virtually every corner of the globe, and IFA serves as a resource center for both current and prospective franchisors and franchisees, public policy makers, legislators, regulators, the media and the general public. IFA s membership services include educational seminars and conferences, publications, trade shows, marketing and promotional assistance, government and public policy activities and international and minority outreach programs. The IFA actively promotes educational awareness programs for franchise investors and educational programs for franchisors to ensure compliance with franchise disclosure laws and regulations. The IFA is instrumental in creating and implementing programs designed to safeguard franchising from abuse by fraudulent operators International Franchise Association 1501 K Street, NW, Suite 350, Washington, DC U.S.A. Tel: +1 (202) Fax: +1 (202) ifa@franchise.org Web site: For Hotel Reservations: You may reserve for your hotel room at the JW Marriott online at Or you may call (from the U.S. and Canada) for international calls, dial and indicate you are attending the IFA 2013 Legal Conference. Our room rate for a standard room is $309 (single or double) and includes internet access in the guest rooms. The deadline for making reservations is April 12th (or when the IFA room block is filled, whichever is first.) Once the room block is sold out, reservations will be accepted on a space and rate availability basis. The JW Marriott is located in downtown Washington at 1331 Pennsylvania Avenue. For more information about the JW Marriott Hotel, visit o Check here if you require special assistance to fully participate. Please specify: Cancellation Policy: Full refunds (minus a $50 administration fee) will be granted for registrations cancelled at least 14 days in advance of the Conference. At 50% refund (minus a $50 administration fee) will be provided for registrations cancelled 7-14 days in advance. No refunds will be permitted for cancellations less than 7 days in advance or for no shows. All requests for refunds must be made in writing. There is a $50 substitution fee. Payment Method Check Enclosed Payable to IFA (Federal Tax ID # ) Credit Card: (circle one) q r f y Account # Expiration Card Member Name Signature Billing Address