Lewitt Hackman discusses two recent cases concerning franchise agreements, one involving a forum selection clause and the other covering indemnification.

Inn the first case: “A California Court of Appeal held that courts should not enforce forum selection clauses in contracts that also contain a jury waiver. For franchisors that have California franchisees, this ruling could complicate the ability to litigate claims in their chosen forum.”

And in the second case, a federal appellate court held that a franchisee must indemnify a franchisor for its litigation defense costs, vacating a district court’s order of summary judgment for the franchisee.

Read the article.

Dickinson Wright LLP will present a free webinar highlighting many of the “must do” or “must consider” matters for compliance with franchise disclosure legislation in U.S. The event will be Tuesday, Jan. 19, at 3 p.m. EST.

This webinar will provide basic practical assistance to those preparing, registering and delivering franchise disclosure documents, the firm says on its website. Some of the information is directed to all persons involved in the disclosure process and some of the information is intended for those persons that must make determinations about what disclosures must be made. The emphasis of the webinar will be on common disclosure errors and how to avoid them.

Register for the webinar.

The International Franchise Association (IFA) has selected Philip Zeidman of DLA Piper as the first recipient of the Dennis Wieczorek Free Enterprise Award.

In February, the IFA Board of Directors voted to reinstitute the IFA Free Enterprise Award and rename it in honor of the late Dennis Wieczorek, IFA’s former general counsel and chair of DLA Piper’s Franchise and Distribution practice. Zeidman will receive the award during the IFA Annual Convention, February 20-23, in San Antonio. He had earlier received the William Rosenberg Award for the IFA Educational Foundation, and the Burton Award for Legal Achievement (American Bar Association/Library of Congress)

“Philip Zeidman’s enormous contributions to the principles of free enterprise, through his efforts to promote and foster the franchise model in the United States and around the world, have helped to make franchising the force it is today,” said IFA chair Melanie Bergeron. “We are proud to present this award to Philip Zeidman, who also happens to have been a close friend and colleague of Dennis Wieczorek,”

In a release, the firm said:

In addition to serving as IFA’s general counsel for virtually his entire career, Zeidman has engaged in a transactional practice, testified about franchising before government bodies, participated in judicial and administrative proceedings, taught at universities and appeared before business and professional groups in 35 countries. In addition, he has testified before the Commission of the European Union as well as before numerous US congressional committees, and advised several international governmental organizations.

“We are extremely proud that Phil is the recipient of this award – especially as it honors our late friend and colleague Dennis Wieczorek,” said Rich Greenstein, chair of DLA Piper’s Franchise and Distribution practice. “Phil’s tremendous career has taken him around the globe, and his efforts honor the strong traditions Dennis helped establish.”

Zeidman’s work within the IFA community to promote education and best practices began with planning the first Legal Symposium while still in government service. He has contributed countless publications, presentations and seminars on franchising, international distribution and licensing at IFA, American Bar Association and International Bar Association events. His government service included posts as General Counsel to the Small Business Administration and Special Assistant to the Vice President of the United States.

In 2013 Who’s Who named Zeidman Global Franchise Lawyer of the Year for the ninth consecutive year, every year the award had been given, reporting that he “received more votes from clients and peers than any other individual worldwide.” Best Lawyers selected Zeidman as a 2016 ‘Best Lawyer’ in America in the franchise law category. In 2015 Franchise Times magazine named Zeidman as a Legal Eagle and Chambers Global has ranked Zeidman for his leading practice every year since franchising has been ranked by the publication.

U.S. News & World Report has recognized DLA Piper  as the 2016 Law Firm of the Year in Franchise Law in the newest edition of U.S. News – Best Lawyers “Best Law Firms.” The firm also received a tier-one ranking in franchise law.

“Law Firm of the Year” designations are based on law firms’ overall performance in a given practice area and represent a significant showing in the 2016 U.S. News – Best Lawyers® “Best Law Firms” research, which incorporates client and peer feedback into evaluations of more than 50,000 lawyers in an annual survey.

DLA Piper has received several honors regarding franchise law this year. Chambers Global recognized the firm as the only tier-one franchise law firm, Franchise Times magazine selected 10 lawyers from the firm’s Franchise and Distribution practice as 2015 Legal Eagles and Best Lawyers honored 13 DLA Piper attorneys as 2016 Best Lawyers in America in the franchise law category.

DLA Piper is a global law firm located in more than 30 countries throughout the Americas, Asia Pacific, Europe and the Middle East.