Journal of Business and Intellectual Property Law to host ‘Franchise Law in the Current Economic and Regulatory Environment’ symposium on Friday, Feb. 28

Photo of street signs titled 'Business' and 'Franchise'

The Wake Forest Journal of Business and Intellectual Property Law will host a symposium,  ”Franchise Law in the Current Economic and Regulatory Environment,” on Friday, Feb. 28, in the Worrell Professional Center. The event is free and open to the public. The symposium is being sponsored by Kilpatrick Townsend.

“This is an area of the law that particularly incorporates both business and intellectual property law,” explained Nick Harper (’14), symposium editor for the Journal.

In particular, the symposium will bring together a range of practitioners and scholars to explore and discuss both the business and legal aspects of the franchise industry on both the domestic and global platform. Given the uncertainty of the current economy, political change, and newly enacted regulation, many franchises around the world will undoubtedly be affected in the near future.

Darryl Marsch, senior vice president, general counsel and secretary at Krispy Kreme in Winston-Salem, will provide the keynote address.

Marsch will provide an overview of legal issues in domestic and international franchising and provide a practical perspective on franchise disclosure regulation, franchisee selection, and franchise termination proceedings. Topics of discussion will include the trademark and trade secret protection, anti-corruption legislation, tariffs, and international food-safety regulation.

With these issues in sight, the Journal seeks to educate attendees on the basics of franchise law, and provide an in-depth review of its importance in the market going forward, Harper added.

“Our target audience for this symposium is comprised of local attorneys, judges, academics, and students,” he said. “We hope that this presentation will teach our audiences about the evolving area of franchise law as it pertains to the current and future economic and regulatory environment, and enlighten each audience member on the intersection of business and intellectual property law in this growing field.”

The Journal has received approval from the North Carolina Bar Association to offer up to five hours of  CLE credit to attorneys who attend the symposium for the standard fee.

“We are confident that this symposium will be informative and benefit the North Carolina legal community,” Harper said.

The symposium will be held from 8:30 a.m. to 3 p.m., with a one-hour lunch break. A complete list of speakers with a brief description of their qualifications and detailed abstract of their respective presentations follows.

Scheduled participants include:

  • PROFESSOR ROBERT EMERSON Emerson is the Huber Hurst Professor of Business Law at the University of Florida, and currently serves as the Senior Articles Editor for the American Business Law Journal. In particular, Professor Emerson focuses his research in the area of franchise law. His presentation, along with the presentation of Michael Garner (see below), will provide the audience with the basics of franchise law. Topics include defining a franchise, discussing the current regulation of franchising, and discussing the various types of franchise law.
  • W. MICHAEL GARNER Garner is an American franchise and distribution law attorney based out of Minneapolis, Minn., who represents franchisees, dealers, and distributors. Mr. Garner is also the author of Franchise and Distribution Law and Practice, a three-volume legal treatise, and editor of the Franchise Desk Book, a reference work for franchise lawyers published by the American Bar Association. Mr. Garner will focus his presentation on the importance of trademarks in the franchise industry. Topics discussed by Mr. Garner will include trademark rights pursuant to registration, loss of trademark rights, implications of trademark ownership, and trademark issues particular to franchising.
  • JON NEIDITZ Neiditz is a partner with Kilpatrick Townsend in the firm’s Atlanta office and focuses his practice in the areas of transactional intellectual property and privacy and information security. Mr. Neiditz will be presenting on the topic of critical privacy and information security loss prevention for the franchisor and large franchisee.
  • BARRY BENJAMIN Benjamin is a partner with Kilpatrick Townsend in the firm’s New York office and focuses his practice in the areas of advertising litigation and intellectual property litigation. Mr. Benjamin will be presenting on the legal aspects of contests and sweepstakes as they pertain to the franchise industry.
  • JAMILA GRANGER – Granger currently serves as General Counsel at Primos Water Corporation. Mrs. Granger will conduct a “mock deal” comprised of a regulator, in-house counsel, and a sales individual from Krispy Kreme. Through the interactions of these three individuals, the audience will be exposed to the intricacies of a real deal, and better understand how information from the prior presentations is applied in the everyday practice of franchise law.
  • DARRYL MARSCH — Marsch currently serves as Senior Vice President, General Counsel and Secretary at Krispy Kreme in Winston-Salem. Mr. Marsch will provide an overview of legal issues in domestic and international franchising and provide a practical perspective on franchise disclosure regulation, franchisee selection, and franchise termination proceedings. Topics of discussion will include the trademark and trade secret protection, anti-corruption legislation, tariffs, and international food-safety regulation.

The Wake Forest Journal of Business and Intellectual Property Law publishes legal scholarship pertaining to a wide variety of topics within the fields of intellectual property law and business law, while attempting to focus specifically on the intersection between to the two.

For more information and a symposium schedule, visit the Journal’s website.