March 16, 2018 - March 16, 2018
1:30pm - 5:20pm
Friday, March 16, 2018
ADVANCED TOPICS IN FRANCHISING AND DISTRIBUTION
3 CLE Hours including 1 Professionalism Hour | 2 Trial Practice Hours
Franchise and Distribution Law Section
Michael W. Tyler, Program Chair;Kilparick Townsend &Stockton LLP, Atlanta, GA
2:00 WELCOME AND PROGRAM OVERVIEW
Michael W. Tyler
2:10 A VIEW FROM THE BENCH
This panel will feature judges and arbitrators sharing their insights into how to most effectively brief and try franchise disputes and business litigation generally.
Trish Treadwell, Parker Hudson Rainer &Dobbs, LLP., Atlanta, GA
3:10INVESTIGATIONS GONE WILD –USE AND MISUSE OF PRIVATE INVESTIGATORS
Many systems routinely use private investigators to determine a franchisee's compliance with franchise agreements, including adherence to brand standards, post-term trademark infringement, and in-term or post-term noncompete obligations. Investigators also are used to seek evidence of infringement and unfair competition by competitors. The proper use of investigators and other "undercover" techniques is not always well defined and can vary by state. The timing of investigations can raise ethical issues as well. Even if the use of private investigators is permissible, there can be questions on the most effective way to use these procedures and how to convert what is yielded into useable evidence at a hearing or trial. This workshop will examine how investigative techniques can best be used, both from the franchisor and franchisee perspective, and will review decisions in which investigative techniques have been questioned.
Christopher P. Bussert, Kilpatrick Townsend &Stockton LLP, Atlanta, GA
Jeremy B. Liebman, Krispy Kreme Doughnut Corp., Winston-Salem, NC
4:20 CRISIS MITIGATION AND MANAGEMENT
This program will focus on best practices for franchise systems to reduce risks and mitigate exposure during crises such as a data breach or foodborne illness outbreak. Topics will include pertinent provisions in vendor agreements;supply chain practices;insurance protection and indemnification across the system;crisis plans;and communication during a crisis with franchisees, government agencies, consumers and the public. In addition to discussing legal issues related to crisis management, the program will also offer practical and business considerations for both in-house lawyers and business leaders. The panelists include both in-house and outside counsel who have had firsthand experience in crisis management with franchise systems.
Annie Caiola, Caiola &Rose, Decatur, Georgia
David Katz, Nelson, Mullins, Riley &Scarborough, LLP, Atlanta, Georgia
A Cocktail Social sponsored by the Franchise and Distribution Law Section will take place after adjournment.
Mary Jo Sullivan
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