Blog Archives

David J. Schaller

David Schaller represents clients in franchise and distribution disputes, business torts, insurance bad faith, and professional liability matters. He relies on his significant prior experience in business to appreciate his clients’ priorities relating to complex commercial disputes.

Dave has extensive experience representing major companies in disputes related to franchise and distribution agreements, including winning precedent-setting judgments for his clients. He has successfully tried cases and arbitrations, conducted evidentiary hearings, prevailed on dispositive motions, and negotiated highly favorable settlements in jurisdictions across the country.

Dave spent 12 years in business before entering law. During this time, he developed firsthand experience with the types of challenges and disputes his clients bring to him now, including contractual breaches, employment claims, competition issues, vendor agreements, and real estate transactions. This background heavily informs Dave’s practice and helps him walk in his clients’ shoes. He efficiently and creatively resolves legal disputes while safeguarding the relationships that help his clients’ businesses thrive.

The Franchise Law Practice:

Wheeler Trigg O’Donnell represents franchisors, manufacturers, and distributors in disputes with their franchisees or dealers, or in matters related to their distribution networks. We have tried cases before federal and state courts and administrative agencies from Alaska to North Carolina.

We have helped resolve disputes involving all facets of the relationship between franchisors and franchisees, including dealer fraud, establishments, terminations, relocations, franchise modifications, product introductions, and allocation of products. Beyond federal and state dealer-based or franchise-based statutory claims, our practice routinely involves defending the common law claims that typically accompany those franchise-act-based statutory claims, such as business torts, breach of contract, bad faith, and RICO.

Our role as co-national trial counsel for a major motor-vehicle manufacturer and national trial counsel for a major motor-vehicle distributor has helped hone our skills in varied venues and forums throughout the country.

Wheeler Trigg O’Donnell:

Wheeler Trigg O’Donnell excels at all stages of complex civil litigation—pretrial, trial, post-trial, and appellate. The firm is recognized nationally for its significant experience in substantive practice areas of interest to corporations, including commercial litigation, product liability, employment, franchise, insurance, personal injury defense, intellectual property, and professional liability.

We use the knowledge gained through our extensive trial experience to our clients’ advantage when conducting internal investigations, early case assessments, pre-trial negotiations, and counseling to avoid future litigation.

Our firm structure neither depends on nor is geared toward considerations of leveraging high partner-associate ratios, keeping work within our own firm, or maximizing staffing levels or billable hours. Consequently, we are completely comfortable in partnering with, or retaining and supervising, lawyers from other firms who can bring to bear resources or specialized expertise best suited to the accomplishment of our clients’ goals. We have many years of experience working in close collaboration with other firms and lawyers, including members of many of the largest and best law firms in the nation, and we take pride in making these teams work effectively and efficiently for our clients’ interests.

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Kenichi Sadaka

Kenichi Sadaka is a litigation partner at Anderson Mori & Tomotsune, engaged mainly in Franchise Law, international & domestic litigation, commercial arbitration and other dispute resolution procedures.

Mr. Sadaka has represented many Japanese and foreign companies in Japan in matters concerning intellectual property issues (patents, copyrights, moral rights, publicity rights, medical import licenses, trademark, trade secrets, and unfair competition, etc.), real estate transactions, construction, labor (collective bargaining with labor unions, visa related issues, sexual harassment, dismissals, labor accidents, etc.), antimonopoly issues, disputes among management, disputes related to financial products, product liability, debt collections, inheritance, mortgage enforcement, defamation, professional malpractice, termination of distributorship agreements, international trade (LC and BL related matters), insurance, administrative remedies, and other matters.

Mr. Sadaka also has experience in several overseas litigations, and has provided assistance in discovery procedures in Japan and in relation to companies in Japan. In addition to these civil dispute activities, Mr. Sadaka has conducted internal investigations for several companies in relation to intra-company crimes and, based upon such scrutiny, exposed criminal accusations for embezzlement, fraud, and similar actions. Mr. Sadaka also provides day-to-day legal service for general corporate legal affairs.

The Franchise Law Practice:

Anderson Mori & Tomotsune’s franchise practice team has in-depth knowledge of the laws and regulations pertaining to franchising, such as the Small and Medium-sized Retail Business Promotion Act, the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Antimonopoly Act), the Trademark Act, the Unfair Competition Prevention Act and the Act on Specified Commercial Transactions. Our Firm provides comprehensive and tailored legal services to clients with respect to structuring and operating a franchise system, including the preparation of relevant documents such as franchise agreements and disclosure documents.

Leveraging off of AM&T’s many years of experience and expertise in international transactions, we act for overseas clients seeking to expand into Japan through international franchising. Our support includes structuring, negotiating and drafting relevant documents such as international direct franchise agreements, international master franchise agreements and joint venture agreements. In addition, we support clients actively providing advice on legal issues and regulations relevant to franchising in Japan.

We also assist our Japanese clients seeking to expand into foreign countries through international franchising. Our Firm has a strong worldwide network and extensive experience working with leading global law firms, which enable us to provide high-caliber advice on foreign franchise laws and regulations affecting international franchising.

Anderson Mori & Tomotsune:

The Japanese law firms of Anderson Mori and Tomotsune & Kimura have merged their law practices as of January 1, 2005. The name of the merged firm is Anderson Mori & Tomotsune, with principal offices located in Akasaka K-Tower, 2-7, Motoakasaka 1-chome, Minato-ku, Tokyo (Tel: +81-3-6888-1000).

The firm has approximately 300 Japanese lawyers (bengoshi), over 10 lawyers qualified in foreign jurisdictions, approximately 130 other professional staff including patent lawyers, immigration lawyers, foreign legal trainees, translators and paralegals, and approximately 180 other general staff members.

Before the merger, Anderson Mori had offices in Tokyo and Beijing and provided a full range of specialized legal services for both international and domestic corporate clients. It was frequently involved in large M&A and finance transactions.

Tomotsune & Kimura handled various domestic and international corporate legal matters. In particular, it had extensive expertise in international finance transactions, including global securities offerings and other cross-border investment transactions.

The combination of practices enables Anderson Mori & Tomotsune to provide an even higher level of legal services in a broader range of practice areas, and enhances the firm’s capability to handle extremely large and complex transactions.

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Ghaleb Al Faraj

Ghaleb is a Partner in Amman specializing in corporate and commercial law, including mergers and acquisitions, joint venture, franchising and distribution.

Ghaleb has leading regional expertise in the commercial and regulatory aspects of a wide range of IT and telecommunications sector transactions covering commercial/transactional, regulatory, corporate M&A, finance, competition, outsourcing, employment, intellectual property, dispute resolution, real estate and tax advice. Ghaleb has represented a wide range of local and international TMT operators in Jordan, Bahrain and Oman.

Ghaleb was educated at the University of Jordan where he obtained a BA in law. He obtained an LLM in Computers and Law from Queens University of Belfast in 2001 and is a member of the Jordan Bar. Ghaleb obtained an Islamic Finance Qualification. He is fluent in English and Arabic.

Franchise Law Practice:

Franchising has established itself as a proven tool for business growth that is becoming ever more popular worldwide. It allows for existing businesses to expand using capital and resources provided by third parties and can lead to very rapid growth.

We can assist you with all aspects of franchising and alternative forms of system expansion, whether you are just starting to consider franchising, looking to roll out internationally or restructuring your network. Our team of experienced lawyers around the world is able to advise you at every stage, based on our knowledge of franchise systems and experience of local markets.

We can help you to identify a network structure that suits you and assist in guiding you through the local regulatory environments.

A substantial amount of our work is international, representing major international brands as well as smaller niche businesses as they expand around the world.

When things go wrong, we have an experienced team of dispute resolution lawyers who work with clients to agree and apply strategies that provide cost effective solutions. When we do go to court, our cases frequently set franchising precedents.

Eversheds:

Eversheds is one of the world’s largest corporate law firms. Committed locally, but connected globally, with offices based in the world’s major economic centres, with a proven track record of delivering consistently high quality legal services across jurisdictions.

The firm has developed organically over the past decade working for corporate organisations of all shapes and sizes in countries where they want to do business. Lawyers in all locations share the same values, ways of working and understanding of what clients really want. The past year has seen further international expansion for the firm. In the Middle East, the firm has become the first international player to establish offices in Iraq and is now one of the largest international players on the ground, with local lawyers based in Abu Dhabi, Amman, Doha, Dubai and Riyadh.

As a modern, progressive law firm, Eversheds sets itself apart through its people, culture and its attitude to change. Quality is a matter of personal pride to everyone and staff of the highest calibre are recruited and retained by the firm. Collaborative working and innovative thinking is encouraged and supported at all levels, meaning that clients enjoy an offering that is constantly evolving and improving to meet their changing needs. This has led to pioneering approaches to the law such as genuine project management and measurement of results that leads to cost predictability and control. In particular, the firm is noted for effectively delivering complex, multi-national legal services through one point of contact.

Relationships with clients are deep and genuine. An understanding of the sector and business culture which each client operates in, is a given. Collaboration is seen as a way of providing the most effective advice. Trust and accountability are the bedrock of all the firm’s client relationships.

Every year, Eversheds breaks new ground and is a firm that offers a clear alternative to those who want more from their lawyers.

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Rolando García M.

Rolando has been an Arias & Muñoz partner since 2013. At present his practice focuses on corporate and commercial law, customs and transportation. In the exercise of his profession Rolando has honed his skills for in-depth contract revision, specializing in the representation of foreign firms for distribution, agencies, franchises, et al. He also has extensive experience in consumer rights protection, and has represented domestic and foreign companies in administrative proceedings at the Ministry of Economy, Industry and Commerce and provided them with assistance in complying with current laws. He has worked in the past as a legal assistant in the firm´s litigation department, becoming skilled in legal collection proceedings, civil and commercial litigation and arbitration. From 2010 to 2011 he worked in the National Women´s Institute, where he provided assistance and advisory for victims of domestic violence, accumulating experience in family law cases.

Rolando graduated in 2013 with his Licentiate in Law, with specialization in technology, e-commerce and telecommunications, from the University of Costa Rica. He was a member of the Assembly of the Faculty of Law at the University of Costa Rica in 2010 and 2011 and a representative before the Academic Orientation and Evaluation Committee of the Faculty of Law during those same two years. In 2011 and 2012 he served as assistant professor of contractual law. He has been a judge in several rounds of the David Soto Vallecillo Collegiate Human Rights Competition. He has also attended numerous conferences and courses in civil, family, constitutional and administrative law and arbitration. He is currently preparing to specialize in notary and registry law.

Franchise Law Practice:

Since its establishment, and throughout the region, Arias & Muñoz has assisted its clients in franchising matters. By participating in giving legal advice to multinational corporations in business sectors – such as hotels and resorts, and food and clothing – our law firm has acquired considerable expertise in areas that are continually expanding throughout the globalized business world. Our attorneys are constantly increasing and practicing their knowledge on the technical aspects of franchise law through attending specialized seminars and conferences.

Arias:

Arias & Muñoz is unique in Central America, for it operates as a single firm rather than as an alliance of firms and currently has eight, fully-integrated offices in six countries: Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica and Panama. It has become, today, not only a solid, but also an innovative legal firm that continues to spread its influence throughout the region.

For clients, choosing the right legal partner is key. Arias & Muñoz and its dedicated lawyers, with their core experience over a broad range of practice areas and industries, unlock the region’s intricacies and subtle differences in laws for them. The firm is truly a one-step, one-stop law firm offering clients the benefits and demonstrated advantages that come from having all their regional businesses served from one, fully integrated base.

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Chris Wormald

I am a partner and joint head of our franchising group, as well as head of our retail sector group. I specialise in all aspects of franchising, advising companies considering franchising and alternative expansion options, joint ventures and strategic alliances, ranging from major corporations considering re-engineering and international expansion, and government organizations, to small start-ups.

I work across commercial sectors – specializing in the retail, restaurant and service sectors, but also with businesses and organisations wishing to ‘clone’ their activities and so expand, in the IT, insurance and financial services, manufacturing, distribution and the public and not for profit sectors, including ‘social franchising’.

I am consistently rated in the Chambers, Legal 500 and Legal Business Guide to Legal Experts directories as a leader and expert in franchising. Who’s Who Legal, the official research partner of the International Bar Association has ranked me in its shortlist of Most Highly Regarded Individuals globally, one of the very few lawyers outside North America to have been recognized there.

Previously I was vice president and general counsel at McDonald’s EMEA for 10 years during a phase of intensive international expansion and foundation-laying. I therefore understand the needs and perspectives of retailers and restaurant businesses particularly well.

I have advised major national and international brands on expansion into most parts of the world, and on the development of franchise programmes and alternative re-engineering and expansion techniques. I am retained as leading counsel to a number of major domestic and international brands and the investors in them.

I speak frequently, both in the UK and overseas, on legal and business aspects of franchising. I am a member of the IBA Franchise Committee and the ABA Franchise Section. I co-authored The Guide to Franchising in UK Pubs and Restaurants and am a member of the Editorial Advisory Board of the International Journal of Franchising Law. I am co-general editor of Alternative corporate re-engineering – Building businesses through third party relationships and expansion into new markets, and co-author of the introductory chapter ‘Alternative Strategic Techniques for the Board Agenda’.

I have lived and worked in Brussels and Frankfurt and speak French and German.

Franchise Law Practice:

Whether you want to expand or re-engineer your existing business, franchising offers a proven alternative to traditional capital intensive techniques. Franchising allows you to take advantage of your franchisees’ capital, local experience and enthusiasm to develop your business in ways that are simply not possible through traditional organic means.

Our role is to be part of your team, working with you to grow your business and develop and implement appropriate strategies. Franchising is just one possible option. We understand that your business is unique and that one solution does not fit all. We help you decide whether franchising suits your business and consider whether alternative channels such as agency, distribution, licensing, strategic alliances and hybrid structures might be more commercially and culturally appropriate.

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Richard Wageman

Richard Wageman represents companies in the areas of foreign direct investment and commercial transactions, with a specific focus on franchise/distribution, licensing, media/entertainment and advertising matters.

As part of Richard’s practice he assists clients to establish franchise, license and distributions systems, make related regulatory filings, ensure advertising campaigns are compliant, carry out data protection audits/make compliance recommendations, navigate e-commerce issues, structure media and entertainment arrangements and deal with related commercial/corporate issues.

Richard chairs DLA Piper’s Franchise and Advertising group in China and is one of the partners in the office that supervises the firm’s corporate responsibility activities in China.

Franchise Law Practice:

DLA Piper’s global Franchise practice is a leader in its field, ranked as a tier one firm globally by all major legal directories. With lawyers located in all of the world’s key jurisdictions, we are the leading law firm for businesses seeking counsel on franchising matters. We are the go-to firm for companies who are expanding nationally, and for multinationals who are expanding their businesses across the globe, having represented clients in relation to franchise transactions in more than 100 countries. We have considerable experience in assisting established and emerging companies in a wide range of industries, from retail & fashion, food & beverage and hospitality & leisure to high-technology and consumer and professional services of all descriptions.

We serve as General Counsel to the International Franchise Association, the major trade association for the franchise industry. Additionally we are affiliate members of other national franchise associations in key global markets, including the British Franchise Association and its affiliation to the European Franchise Federation as well as the Germany Association for Distribution law. We also are closely affiliated to organizations in Australia, China and Russia. We represent clients across the entire spectrum of businesses that have adopted franchising as a means of distribution and cover a broad spectrum of size and experience, from entrepreneurs and start-up companies that are establishing new programs to the largest franchisors, manufacturers and distributors. Our clients manage franchise networks that range from dozens to thousands of outlets as well as trading globally through the online and mobile media channels. While the majority of our clients are franchisors, we also represent multiple outlet franchisees, area developers and master franchisees. We also handle franchising joint ventures and a wide variety of franchise-related corporate, real estate, technology, data privacy, finance, environmental, tax, and other matters.

DLA Piper:

DLA Piper is a global law firm with 4,200 lawyers in the Americas, Asia Pacific, Europe and the Middle East, positioning us to help companies with their legal needs around the world.

We strive to be the leading global business law firm by delivering quality and value to our clients.

We achieve this through practical and innovative legal solutions that help our clients succeed. We deliver consistent services across our platform of practices and sectors in all matters we undertake.

Our clients range from multinational, Global 1000, and Fortune 500 enterprises to emerging companies developing industry-leading technologies. They include more than half of the Fortune 250 and nearly half of the FTSE 350 or their subsidiaries. We also advise governments and public sector bodies.

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Sotiris Yanakakis

Sotiris Yanakakis attended the Law School of the Democrition University of Thrace (LL.B., Summa cum Laude, 1982) and Harvard Law School (LL.M., 1984). His LL.M. Thesis was : “Comparative study between the Hague and Hamburg Rules in the Carriage of Goods by Sea”. He was admitted to the Athens Bar in 1985 and transferred to the Piraeus Bar in 1987. He was worked as a associate with Bingham, Danna & Gould, Boston (1984) and has been associated with Piraeus Law Firms (1984 – 1993).

He is a co-author of the section on Greek Aviation Law in Longman’s “Capital Taxes and Estate Planning in Europe”(1992) and has published an article on the “Time Bar of Claims for Contribution to General Average” (Maritime Law Review, Dec. 1991). He has also publishes an Article on the “Legal Status and Practice of Franchising Agreement in Greece” Business and Company Law (1997).

S. Yanakakis speaks English. He is a member of the Maritime Law Association of Greece, Harvard Law Association of Europe, member of the American Bar Association, the International Bar Association, the franchise Association of Greece, member of American-Hellenic Chamber of Commerce and President of the Franchising Law and other Distribution Systems Association (Greek Franchising Law Association).

S. C. YANAKAKIS Law Offices:

S Yanakakis A Kalogeropoulou Law Offices is a Greek law firm with its offices in Athens established in 1985, whose attorneys have been engaged in broad spectrum of international practice and have acquired considerable experience in serving an international clientele (Greece, Europe, United States). The firm has established an international network of correspondent relationships with local law offices which enables it to act fast and efficiently handling client matters.

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