iba ifa joint conference

IBA/IFA Joint Conference

Each year, IFA partners with the International Bar Association's Franchising Committee to develop a program for some of the world's leading practitioners and experienced legal counsel. The 2019 Joint Conference was focused on "New Challenges for International Franchising."
CFE Credits Available
Yes
May 07 - 08, 2019
|

1331 Pennsylvania Avenue NW
Washington, DC 20004
United States

New Challenges for International Franchising

Experienced legal counsel will share invaluable information regarding the latest developments in international law and its importance to franchising.
🔥
Hot Topics in Franchise Law
🌎
News From Around the World
Earn CLE credits

Agenda

Tuesday, May 7

3:00 pm – 4:15 pm

Basics Track: Expanding Internationally (A session within the IFA Annual Legal Symposium)

A not to be missed International Franchising Basics Track intensive program intended to bridge the annual IFA Legal Symposium and annual IFA/ IBA Joint Conference on International Franchising that immediately follows. To better leverage the vast international franchising resources that will be in attendance, we are inviting you to learn the fundamentals from an incredibly knowledgeable group of lawyers and other advisors from the U.S. and around the world, and then stay on for the IFA/IBA Joint Conference dinner and program that follow. Use this as an opportunity to learn more and meet franchise lawyers from the U.S. and around the world. International expansion is not without pitfalls and challenges for franchisors. This program aims to address some of these challenges and provide insight into those issues of primary concern. These include:

  • Assessing a franchisor’s readiness for international expansion.
  • Selecting the countries for development.
  • Deciding on the deal structure
  • Choosing the right franchise partner.
  • Key business terms to address.
  • Understanding local law and franchise registration/disclosure obligations and trademark requirements.
  • Understanding the applicability of domestic law and its impact on an international franchise agreement.

Session Chair: Francesca Turitto, Studio Roma Legal Partners, Rome, Italy

Speakers: Larry Weinberg, Cassels Brock & Blackwell, Toronto, Canada; Don Wray, Domino’s Pizza LLC, Ann Arbor, Michigan, U.S.; Tao Xu, DLA Piper LLP (US), Washington, DC, U.S.

There is no extra charge to attend this intensive for those already registered for either the IFA Legal Symposium or the IFA/IBA Joint Conference.

6:00 pm

Reception and Dinner at Mastro’s Steakhouse

*Mastro’s steakhouse is located two blocks from the JW Marriott at 600 13th St NW. Cocktails and hors d’oeuvres will be served from 6:00 – 7:00 pm. Dinner will be served at 7:00 pm.

**One ticket to this reception and dinner is included in the IBA/IFA Conference registration fee. Tickets to just the reception and dinner are also available for purchase.

Wednesday, May 8

7:30 am – 4:00 pm

Registration Desk Open

7:30 am - 8:00 am

Continental Breakfast Available

8:00 am – 8:10 am

Welcome & Introduction

Welcome and Introduction by the IBA International Franchising Committee Co-Chairs and IFA.

Speakers: Francesca Turitto, Studio Roma Legal Partners, Rome, Italy; Luciana Bassani, Dannemann Siemsen, Rio de Janeiro, Brazil; Josh Merin, VP, International Affairs & Chief of Staff to the President & CEO, International Franchise Association, Washington, DC, U.S.

8:10 am – 9:25 am

Plenary 1: Hot Topics Hot Topics in International Franchise Laws

This session will be comprised of a series of roundtable discussions on various topics of interest to franchise lawyers from around the world.

Session Chair: Dominic Hui, Ribeiro Hui, Shanghai, China

1. Selected Litigation Issue: How Do Franchisors Defend Actions Arising from Financial Disclosures?
Host: John Sotos, Sotos LLP, Toronto, Canada

2. Selected Contractual Issue: Common Clauses for Agreements with a Franchisee Who Has Other Franchise Operations in Similar Areas of Business.
Host: David Bond, Fieldfisher LLP, London, U.K.

3. Selected New Business Issue: The First Five Top Issues for Starting a Cannabis Franchise.
Host: Carl Zwisler, Gray Plant Mooty, Washington, DC, U.S.

4. Selected Tax Issue: Withholding Taxes and Permanent Establishment Issues in Overseas Franchising Structures.
Host: Edward (Ned) Levitt, CFE, Dickinson Wright LLP, Toronto, Canada

5. Selected Regulatory Issue: In a Franchisee’s Breach of GDPR Situation, What Are the Immediate Actions to Be Taken by a Franchisor?
Host: Grégoire Toulouse, Taylor Wessing, Paris, France

6. North America (Canada, US and Mexico)
Hosts: Jorge Mondragon, Gonzalez Calvillo, S.C., Mexico City, Mexico; Peter Snell, Gowling WLG, Vancouver, Canada

7. Latin America (except Mexico)
Hosts: Luiz Henrique O. do Amaral, Dannemann Siemsen Bigler & Ipanema Moreira, Rio De Janeiro, Brazil; Eduardo Turkienicz, Dias Carneiro Advogados, Sao Paulo, Brazil

8. Europe, Russia and Middle Asia (former USSR states)
Hosts: Martine de Koning, Kennedy Van der Laan, Amsterdam, The Netherlands; Thomas Mundry, Noerr LLP, Moscow, Russia

9. East Asia, South-East Asia, Australia and New Zealand
Hosts: Charles Chen, Formosa Transnational, Taipei, Taiwan; Tony Garrisson, HWL Ebsworth, Melbourne, Australia

10. Middle East, South Asia and Africa
Hosts: Omar Al Shomali, Global Advocacy and Legal Counsel, United Arab Emirates; Rasem Kamal, Kamal & Associates, Ramallah, Palestinian Authority

9:30 am – 10:30 am

Concurrent Interactive Workshops

Workshop 1: The Five Most Negotiated Provisions in International Franchise Agreements

This workshop will explore issues, provisions and drafting options for five of the most negotiated provisions in international franchise agreements, namely the grant/reserved rights provision, the tax/gross up provision, the indemnification provisions, the default/termination rights and the guaranty/corporate or personal undertakings. This workshop will focus on both the business and legal provisions that are commonly at issue in negotiations. Session Chair: Rob Lauer, Haynes and Boone, LLP, Austin, Texas, U.S.

Session Chair: Rob Lauer, Haynes and Boone, LLP, Austin, Texas, U.S

Speakers: Jay Huh, Little Caesar Enterprise, Inc., Detroit, Michigan, U.S.; Graeme Payne, Bird & Bird LLP, London, U.K.

Workshop 2: Post-Term Covenants and Their Enforceability in Foreign Markets

Post-term covenants typically include undertakings of non-solicitation, non-dealing, confidentiality and non-compete restrictions. They are vital in protecting the integrity of a brand’s network, goodwill and customer relationships. This workshop will explore the different types of legal frameworks in major foreign markets in addressing these post-term covenants, how practitioners can tailor the post-term covenants to reflect the actual business needs and the applicable legal requirements and the enforcement strategies that are practical and effective. Session Chair: Tao Xu, DLA Piper LLP (US), Washington, DC, U.S.

Session Chair: Tao Xu, DLA Piper LLP (US), Washington, DC, U.S.

Speakers: Peter Buberis, KHQ Lawyers, Adelaide, Australia; Karsten Metzlaff, Noerr LLP, Hamburg, Germany

Workshop 3: Finding and How to Work with the Right Local Counsel

An international franchise transaction inevitably raises legal issues where input from qualified local counsel is a practical or legal necessity. Issues can relate to local intellectual property protection and licensing, cross border corporate and tax structure, franchise contracts, franchise law compliance and other local laws that may not even be known to the franchisor. This workshop will consider issues such as whether retaining local counsel is legally, practically or ethically required, best practices in working with local counsel, proper role of in-house/outside counsel and local counsel, rules and consequences relating to unauthorized practice of law, insurance and malpractice issues and billing issues.

Session Chair: Larry Weinberg, Cassels Brock & Blackwell LLP, Toronto, Canada

Speakers: Beata Krakus, Greensfelder, Hemker & Gale, P.C., Chicago, Illinois, U.S.; Kerry Renker Green, The Wendy’s Company, Dublin, Ohio, U.S.

10:30 am – 10:50 am

Refreshment Break

10:50 am – 12:05 pm

Plenary 2: How Online Sales, Internet Platforms and e-Marketing Techniques Influence Franchising

1. Sector Focus: How have e-marketing, internet platforms and social media changed the hospitality and travel sector?

2. Influencers: Impact of so-called ‘influencers’ and social media on luxury brands in hotel, leisure and travel.

3. Big Data: The value of data collected by platforms brings up questions of fair play, dominance and data protection.

4. MFN Clauses: What are MFN clauses, and what is the impact of these clauses on franchise chains?

5. Third Party Platforms: Can brands legally restrict the use of internet platforms or social media by their franchisees?

6. Impact on Franchise: Do’s and don’ts for franchisors and franchisees to get ahead of the game in today’s digital world.

Session Chair: Martine de Koning, Kennedy Van der Laan, Amsterdam, The Netherlands

Speakers: Mark B. Forseth, Marriott Hotels International, Washington, DC, U.S./London, U.K.; Stephan Manuel Nagel, Taylor Wessing, Paris, France; Sidd Pattanayak, TripAdvisor, Boston, Massachusetts, U.S.

12:05 pm – 1:35 pm

Luncheon with Panel Discussion Real World Experiences - Franchising in South America

Many franchise systems have successfully expanded their brands to the countries of South America, while others could not overcome market challenges and hurdles. This panel will feature a discussion of do’s and don’ts when expanding to South America.

Session Chair: Luciana Bassani, Dannemann Siemsen, Rio de Janeiro, Brazil

Speakers: Mauricio Ferreira, InterContinental Hotels Group, Atlanta, Georgia, U.S.; Don Wray, Domino’s Pizza LLC, Ann Arbor, Michigan, U.S.

1:45 pm – 2:45 pm

Concurrent Interactive Workshops

Workshop 1: The Five Most Negotiated Provisions in International Franchise Agreements

See initial listing above for full description and speakers

Workshop 2: Post Term Covenants and Their Enforceability in Foreign Markets

See initial listing above for full description and speakers

Workshop 3: Finding and How to Work with the Right Local Counsel

See initial listing above for full description and speakers

2:45 pm – 3:00 pm

Refreshment Break

3:00 pm – 4:15 pm

Plenary 3: News from AROUND the World

A panel of expert franchise law practitioners from select countries around the world will discuss recent and topical legal developments affecting franchising in their countries.

Session Chair: Francesca Turitto, Studio Roma Legal Partners, Rome, Italy

Speakers: Silvia Bortolotti, Buffa, Bortolotti & Mathis, Turin, Italy; Nicola Broadhurst, Stevens & Bolton LLP, Guildford, U.K.; Stewart Germann, Stewart Germann Law Office, Auckland, New Zealand; Peter Snell, Gowling WLG, Vancouver, Canada; Kendal H. Tyre, Nixon Peabody, Washington, DC, U.S.

4:15 pm

Conference Adjourns

Tuesday, May 7

3:00 pm – 4:15 pm

Basics Track: Expanding Internationally (A session within the IFA Annual Legal Symposium)

A not to be missed International Franchising Basics Track intensive program intended to bridge the annual IFA Legal Symposium and annual IFA/ IBA Joint Conference on International Franchising that immediately follows. To better leverage the vast international franchising resources that will be in attendance, we are inviting you to learn the fundamentals from an incredibly knowledgeable group of lawyers and other advisors from the U.S. and around the world, and then stay on for the IFA/IBA Joint Conference dinner and program that follow. Use this as an opportunity to learn more and meet franchise lawyers from the U.S. and around the world. International expansion is not without pitfalls and challenges for franchisors. This program aims to address some of these challenges and provide insight into those issues of primary concern. These include:

  • Assessing a franchisor’s readiness for international expansion.
  • Selecting the countries for development.
  • Deciding on the deal structure
  • Choosing the right franchise partner.
  • Key business terms to address.
  • Understanding local law and franchise registration/disclosure obligations and trademark requirements.
  • Understanding the applicability of domestic law and its impact on an international franchise agreement.

Session Chair: Francesca Turitto, Studio Roma Legal Partners, Rome, Italy

Speakers: Larry Weinberg, Cassels Brock & Blackwell, Toronto, Canada; Don Wray, Domino’s Pizza LLC, Ann Arbor, Michigan, U.S.; Tao Xu, DLA Piper LLP (US), Washington, DC, U.S.

There is no extra charge to attend this intensive for those already registered for either the IFA Legal Symposium or the IFA/IBA Joint Conference.

6:00 pm

Reception and Dinner at Mastro’s Steakhouse

*Mastro’s steakhouse is located two blocks from the JW Marriott at 600 13th St NW. Cocktails and hors d’oeuvres will be served from 6:00 – 7:00 pm. Dinner will be served at 7:00 pm.

**One ticket to this reception and dinner is included in the IBA/IFA Conference registration fee. Tickets to just the reception and dinner are also available for purchase.

Wednesday, May 8

7:30 am – 4:00 pm

Registration Desk Open

7:30 am - 8:00 am

Continental Breakfast Available

8:00 am – 8:10 am

Welcome & Introduction

Welcome and Introduction by the IBA International Franchising Committee Co-Chairs and IFA.

Speakers: Francesca Turitto, Studio Roma Legal Partners, Rome, Italy; Luciana Bassani, Dannemann Siemsen, Rio de Janeiro, Brazil; Josh Merin, VP, International Affairs & Chief of Staff to the President & CEO, International Franchise Association, Washington, DC, U.S.

8:10 am – 9:25 am

Plenary 1: Hot Topics Hot Topics in International Franchise Laws

This session will be comprised of a series of roundtable discussions on various topics of interest to franchise lawyers from around the world.

Session Chair: Dominic Hui, Ribeiro Hui, Shanghai, China

1. Selected Litigation Issue: How Do Franchisors Defend Actions Arising from Financial Disclosures?
Host: John Sotos, Sotos LLP, Toronto, Canada

2. Selected Contractual Issue: Common Clauses for Agreements with a Franchisee Who Has Other Franchise Operations in Similar Areas of Business.
Host: David Bond, Fieldfisher LLP, London, U.K.

3. Selected New Business Issue: The First Five Top Issues for Starting a Cannabis Franchise.
Host: Carl Zwisler, Gray Plant Mooty, Washington, DC, U.S.

4. Selected Tax Issue: Withholding Taxes and Permanent Establishment Issues in Overseas Franchising Structures.
Host: Edward (Ned) Levitt, CFE, Dickinson Wright LLP, Toronto, Canada

5. Selected Regulatory Issue: In a Franchisee’s Breach of GDPR Situation, What Are the Immediate Actions to Be Taken by a Franchisor?
Host: Grégoire Toulouse, Taylor Wessing, Paris, France

6. North America (Canada, US and Mexico)
Hosts: Jorge Mondragon, Gonzalez Calvillo, S.C., Mexico City, Mexico; Peter Snell, Gowling WLG, Vancouver, Canada

7. Latin America (except Mexico)
Hosts: Luiz Henrique O. do Amaral, Dannemann Siemsen Bigler & Ipanema Moreira, Rio De Janeiro, Brazil; Eduardo Turkienicz, Dias Carneiro Advogados, Sao Paulo, Brazil

8. Europe, Russia and Middle Asia (former USSR states)
Hosts: Martine de Koning, Kennedy Van der Laan, Amsterdam, The Netherlands; Thomas Mundry, Noerr LLP, Moscow, Russia

9. East Asia, South-East Asia, Australia and New Zealand
Hosts: Charles Chen, Formosa Transnational, Taipei, Taiwan; Tony Garrisson, HWL Ebsworth, Melbourne, Australia

10. Middle East, South Asia and Africa
Hosts: Omar Al Shomali, Global Advocacy and Legal Counsel, United Arab Emirates; Rasem Kamal, Kamal & Associates, Ramallah, Palestinian Authority

9:30 am – 10:30 am

Concurrent Interactive Workshops

Workshop 1: The Five Most Negotiated Provisions in International Franchise Agreements

This workshop will explore issues, provisions and drafting options for five of the most negotiated provisions in international franchise agreements, namely the grant/reserved rights provision, the tax/gross up provision, the indemnification provisions, the default/termination rights and the guaranty/corporate or personal undertakings. This workshop will focus on both the business and legal provisions that are commonly at issue in negotiations. Session Chair: Rob Lauer, Haynes and Boone, LLP, Austin, Texas, U.S.

Session Chair: Rob Lauer, Haynes and Boone, LLP, Austin, Texas, U.S

Speakers: Jay Huh, Little Caesar Enterprise, Inc., Detroit, Michigan, U.S.; Graeme Payne, Bird & Bird LLP, London, U.K.

Workshop 2: Post-Term Covenants and Their Enforceability in Foreign Markets

Post-term covenants typically include undertakings of non-solicitation, non-dealing, confidentiality and non-compete restrictions. They are vital in protecting the integrity of a brand’s network, goodwill and customer relationships. This workshop will explore the different types of legal frameworks in major foreign markets in addressing these post-term covenants, how practitioners can tailor the post-term covenants to reflect the actual business needs and the applicable legal requirements and the enforcement strategies that are practical and effective. Session Chair: Tao Xu, DLA Piper LLP (US), Washington, DC, U.S.

Session Chair: Tao Xu, DLA Piper LLP (US), Washington, DC, U.S.

Speakers: Peter Buberis, KHQ Lawyers, Adelaide, Australia; Karsten Metzlaff, Noerr LLP, Hamburg, Germany

Workshop 3: Finding and How to Work with the Right Local Counsel

An international franchise transaction inevitably raises legal issues where input from qualified local counsel is a practical or legal necessity. Issues can relate to local intellectual property protection and licensing, cross border corporate and tax structure, franchise contracts, franchise law compliance and other local laws that may not even be known to the franchisor. This workshop will consider issues such as whether retaining local counsel is legally, practically or ethically required, best practices in working with local counsel, proper role of in-house/outside counsel and local counsel, rules and consequences relating to unauthorized practice of law, insurance and malpractice issues and billing issues.

Session Chair: Larry Weinberg, Cassels Brock & Blackwell LLP, Toronto, Canada

Speakers: Beata Krakus, Greensfelder, Hemker & Gale, P.C., Chicago, Illinois, U.S.; Kerry Renker Green, The Wendy’s Company, Dublin, Ohio, U.S.

10:30 am – 10:50 am

Refreshment Break

10:50 am – 12:05 pm

Plenary 2: How Online Sales, Internet Platforms and e-Marketing Techniques Influence Franchising

1. Sector Focus: How have e-marketing, internet platforms and social media changed the hospitality and travel sector?

2. Influencers: Impact of so-called ‘influencers’ and social media on luxury brands in hotel, leisure and travel.

3. Big Data: The value of data collected by platforms brings up questions of fair play, dominance and data protection.

4. MFN Clauses: What are MFN clauses, and what is the impact of these clauses on franchise chains?

5. Third Party Platforms: Can brands legally restrict the use of internet platforms or social media by their franchisees?

6. Impact on Franchise: Do’s and don’ts for franchisors and franchisees to get ahead of the game in today’s digital world.

Session Chair: Martine de Koning, Kennedy Van der Laan, Amsterdam, The Netherlands

Speakers: Mark B. Forseth, Marriott Hotels International, Washington, DC, U.S./London, U.K.; Stephan Manuel Nagel, Taylor Wessing, Paris, France; Sidd Pattanayak, TripAdvisor, Boston, Massachusetts, U.S.

12:05 pm – 1:35 pm

Luncheon with Panel Discussion Real World Experiences - Franchising in South America

Many franchise systems have successfully expanded their brands to the countries of South America, while others could not overcome market challenges and hurdles. This panel will feature a discussion of do’s and don’ts when expanding to South America.

Session Chair: Luciana Bassani, Dannemann Siemsen, Rio de Janeiro, Brazil

Speakers: Mauricio Ferreira, InterContinental Hotels Group, Atlanta, Georgia, U.S.; Don Wray, Domino’s Pizza LLC, Ann Arbor, Michigan, U.S.

1:45 pm – 2:45 pm

Concurrent Interactive Workshops

Workshop 1: The Five Most Negotiated Provisions in International Franchise Agreements

See initial listing above for full description and speakers

Workshop 2: Post Term Covenants and Their Enforceability in Foreign Markets

See initial listing above for full description and speakers

Workshop 3: Finding and How to Work with the Right Local Counsel

See initial listing above for full description and speakers

2:45 pm – 3:00 pm

Refreshment Break

3:00 pm – 4:15 pm

Plenary 3: News from AROUND the World

A panel of expert franchise law practitioners from select countries around the world will discuss recent and topical legal developments affecting franchising in their countries.

Session Chair: Francesca Turitto, Studio Roma Legal Partners, Rome, Italy

Speakers: Silvia Bortolotti, Buffa, Bortolotti & Mathis, Turin, Italy; Nicola Broadhurst, Stevens & Bolton LLP, Guildford, U.K.; Stewart Germann, Stewart Germann Law Office, Auckland, New Zealand; Peter Snell, Gowling WLG, Vancouver, Canada; Kendal H. Tyre, Nixon Peabody, Washington, DC, U.S.

4:15 pm

Conference Adjourns

IBA or IFA Member
625
Non-Member
775

Location & Travel

FAQs

To contact the IFA Conferences Department, please email
events@franchise.org or call 202-662-0763.

What is the cancelation policy?

Can I earn CLE, CPD and CFE credits?

What are the future date for this conference?

Where can I find the Papers and PowerPoints from previous IBA/IFA Joint Conferences?