One of the areas of franchise law that is often misunderstood by new and emerging franchisors is state advertising filing requirements. This article is a summary of how a franchisor can comply with franchise advertising filing laws.
Author: Matthew Kreutzer, Las Vegas Franchise Attorney
Mr. Kreutzer concentrates his practice in franchising, with an emphasis in transactional franchise law and franchise litigation.
He has spent more than 15 years working with individuals and companies on issues relating to the franchise relationship.
Experienced in all facets of franchise law, Mr. Kreutzer assists both start-up and mature franchisors with developing, protecting and licensing their franchise and distribution systems. As part of this practice, he counsels companies regarding the laws and regulations pertaining to franchising nationwide and assists them in creating their contracts, Franchise Disclosure Documents, and other critical operational documents. He also responds to state administrative inquires and investigations, and obtains exemptions and interpretive opinions from regulatory agencies.
With his background in franchise litigation, Mr. Kreutzer understands the risks inherent in the relationship and works with his clients to limit those risks so that those franchisors can focus on brand and system growth.
Mr. Kreutzer received his B.A., cum laude, from The American University in 1995 and his J.D. from The George Washington University Law School in 1998. He is a certified specialist in Franchise and Distribution Law by the California State Bar Board of Legal Specialization (the “Board”) and is a Commissioner on the Board’s Franchise and Distribution Law committee.
Mr. Kreutzer is a longstanding officer and member of the California Franchise Law Committee, and is a member of the American Bar Association Forum on Franchising.
Mr. Kreutzer is an AV® Peer-Review Rated attorney by Martindale Hubbell and was named a “Super Lawyer” 2013 - 2017 and a “Rising Star” in 2012 by Mountain States Super Lawyers. He was honored as a “Legal Eagle” by Franchise Times magazine 2013 - 2017, and as one of the “40 Under 40” by In Business Las Vegas in 2010.
He is licensed to practice in the States of Nevada, California and Maryland.
Author of the "Forward Franchising" blog, located at www.forwardfranchising.com
Vegas Inc. Reports On Film Production Incentives
As a follow-up to my blog post, “Nevada Needs Film Incentives,” the most recent issue of Vegas Inc. magazine (formerly In Business Las Vegas) has a story on film production incentives and (in my view) why we need them here.
Nevada Franchise Business Network Meeting: April 13, 2011
The next meeting of the Nevada Franchise Business Network is scheduled to occur on Wednesday, April 13, 2011 at Cili restaurant in Bali Hai Country Club, 5160 Las Vegas Boulevard South, Las Vegas, NV 89119. The topic of the meeting is “Financing Options for Franchisors: SBA Packaging and Placement,” and will feature Judy Aragon, C.S.C., with the American Association of Government Finance.
Should You Use State-Specific Franchise Disclosure Documents?
Some franchisors continue to use a different Franchise Disclosure Document for each state that has a franchise or registration law. This approach increases the administrative burden on franchisors, as well as the risk of unintentional violation of a state’s franchise law where more than one state law applies to a transaction.
Speaking At Denver Franchise Show This Weekend
This weekend (March 19 and 20) I am speaking at the National Franchise and Business Opportunities Expo at the Convention Center in Denver, Colorado. During my presentation, I will be discussing some of the critical aspects of franchising, and the documents that potential franchisees need to review and understand before signing on the dotted line.
Missouri Court Of Appeals Finds Arbitration Provision Unconscionable
A recent decision by a Court of Appeals in Missouri highlights the importance for franchisors of careful drafting of the arbitration clauses in their franchise agreements. Litigation over issues like this — whether a dispute must be submitted to arbitration or instead whether it can be decided by a court — is a huge drain on the parties’ resources (time and money). A franchisor would be well-advised to think carefully about heavily one-sided arbitration clauses before including them in its agreements.
Forward Franchising 