IFA26 Legal Symposium Program Content

Advanced Strategies for Conflict Resolution Through Mediation and Ombuds Programs

Franchisor and franchisee conflict is often rooted in failed expectations, contractual obligations and operational practices. Many of these conflicts are ripe for pre-litigation resolution through communication, information exchange and a realistic assessment of options that can be achieved through mediation and/or an ombuds. This session will explore the nuanced roles of mediation and ombuds programs, including their relative advantages and disadvantages. For mediation, the program will focus on preparing effective conflict resolution provisions, criteria for a mediator, addressing common pitfalls of mediation, including, commitment, options assessment, participant preparation, pre-mediation preparation and effective representation strategies. For an ombuds program, the session will discuss training and criteria for a franchisor employee or third party ombuds, scope of authority, disputes best suited for an ombuds, the ombuds‘ potential investigations and interactions with franchisor, and confidentiality and enforcement of agreements.

Speakers: TBA

Building Unbreakable Links: Structuring Franchise Supply Chains for Legal and Operational Resilience

Disruptions — from pandemics and geopolitical conflicts to natural disasters and cyberattacks — have exposed the vulnerabilities in global supply chains. For franchise systems, those disruptions can cascade quickly, impacting franchisees’ operations, brand consistency, and compliance obligations. This session explores how to structure franchise supply chains with resilience at their core — through strategic contracting, diversification, and risk-sharing models that balance legal protection with operational flexibility.

Speakers: Sam Gray, General Counsel, Sizzling Platter; TBA

Confidentiality, Loyalty and Conflicts of Interest: Ethical Considerations for Counsel Representing Multiple Franchise Parties

Whether representing multiple parties in the same lawsuit or transaction, representing both franchisors and franchisees in separate matters or separately representing industry competitors where one client’s benefit may have adverse consequences for another client, franchise lawyers and law firms frequently face challenges balancing zealous representation with ethical obligations of confidentiality, loyalty and avoiding conflicts of interest. Through case studies and interactive hypotheticals, attendees will navigate real-world dilemmas that test the limits of professional responsibility.

Speakers: TBA

Crisis Management 2.0: Legal and Business Strategies, Deepfakes, and Real-Time Reputation Defense

Crises rarely unfold as planned — and in today’s environment, threats extend beyond regulatory mishaps and operational failures. From deepfakes to politically charged reputation attacks, franchisors, franchisees, and their legal advisors must be prepared to respond quickly and decisively.

Speakers: TBA

Evolving Models, Expanding Risks: Advanced Legal Strategies and Considerations for Non-Traditional Franchising

Non-traditional franchising is no longer the exception— it’s the laboratory for the future of franchise growth.

  • The shifting allocation of control and liability in tri-party and institutional host arrangements.
  • How co-location, licensing hybrids, and platform-based brand extensions complicate disclosure.
  • Regulatory friction points and emerging enforcement guidance.
  • Financing, supply chain, data access and ownership implications.

Speakers: Gina Malandrino; Abby Whetstone; TBA

Franchise Litigation

If a franchise relationship is like a marriage, then relationship disputes are also part of the analogy. Litigation arises when the parties are unable to resolve their disagreements by themselves. This session will cover the lifecycle of a franchise action from start to finish. The panel will discuss important procedural considerations, typical claims and defenses, and practical strategies for optimizing your likelihood of success whether in settlement or trial. The topics will include:

  • Pre-filing considerations
  • Forum selection and choice of law
  • ADR: mediation and arbitration
  • Common claims, defenses, and remedies
  • Discovery issues
  • Motion practice
  • Trial themes and strategies
  • Settlement considerations

Speakers: Andrew Bleiman, Managing Attorney, Marks & Klein; Alex Kelly, General Counsel, Kiddie Academy; Evan M. Sauda, Shareholder, Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC

Franchise Relationship Laws

This session provides a practical overview of key federal and state relationship laws that govern terminations, renewals, transfers, encroachment, and the duty of good faith and fair dealing. Designed for newer practitioners and executives seeking a clear understanding of the legal landscape, this program will explore the purpose and policy behind these statutes, highlight key differences among states, and discuss recent judicial interpretations affecting system operations. Speakers will use real-world examples to illustrate how these laws impact business decisions, from enforcing brand standards to handling underperforming units or system changes.

Learning Objectives:

  • The core elements and policy goals of state franchise relationship statutes
  • How relationship laws interact with the FTC Franchise Rule and common law doctrines
  • Practical guidance on termination, non-renewal, and transfer compliance
  • Trends in litigation and legislation reshaping the franchisor–franchisee dynamic
  • Best practices to maintain compliance and strengthen franchise relationships

Speakers: TBA

International

The International Franchising Basics Track explores the fundamentals of international franchising. We invite you to learn the fundamentals from our panel as they explore the following topics:

  • 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.

Speakers: TBA

Mergers & Acquisitions: The Anatomy of a Franchise Deal

This session will cover the steps required to complete an acquisition in the franchise space, including the role of the buyer and seller, the investment banker, and the lawyer running the deal team. Topics addressed will include:

  • The decision process employed when buying or selling a franchise company.
  • The process for retaining the investment banker.
  • The role of the investment banker in the transaction.
  • Negotiating and drafting the letter of intent.
  • Determining whether to acquire assets or stock in the transaction.
  • Drafting the purchase agreement.
  • A review of other documents required to complete a transaction.
  • Understanding the Quality of Earnings Report.
  • Understanding Representation and Warranty Insurance.
  • Understanding the due diligence process and preparing the diligence report.
  • Disclosure considerations and timing.
  • Post closing integration.

Speakers: TBA

Registration & Disclosure

This session introduces the federal and state franchise registration and disclosure laws that franchisors must comply with in offering and selling franchises in the United States. The following topics will be covered:

  • What are the federal and state laws that regulate the offer and sale of franchises?
  • What information must be included in the Franchise Disclosure Document (FDD)?
  • What are the timing and delivery requirements for the FDD?
  • Which states require registration of the FDD and what is the registration process?
  • What exemptions exist for registration and disclosure under federal and state law?
  • What are the requirements for amending and renewing the FDD?

Speakers: Carol Terry, General Counsel, Chicken Salad Chick; TBA

Trademarks & IP

Trademarks, copyrights, trade secrets and other IP are the keystone of franchising. This session will discuss the various types of intellectual property; the role they play in franchising; the treatment they receive in the FDD and Franchise Agreement; how they are registered and protected, and how they are enforced against trademark infringers and franchisees who default.

Speakers: TBA

Each year our task force strives to enhance the Legal Symposium experience to deliver real-world solutions and top-of-the-line value to all who attend. Take a look below at some of the highlights we think you’ll enjoy at our 58th Annual Legal Symposium.

Basic Track

Our Basic Track is designed to provide those who are new to franchising, or those simply in need of a refresher course, with a solid foundation in the principles of franchise law. A different topic will be offered during each breakout session time slot.

Rising Legal Professional Program Dinner

This professional development program dinner is for rising legal professionals with up to 5 years’ experience in franchise law. Meet up with colleagues in a similar career stage as yours. Build your network, share best practices, and learn from seasoned legal professionals how to grow in franchise law. (Additional charge; Registration required.)

Ethics Course

We are offering one class on each day that will be eligible for ethics credits: Confidentiality, Loyalty and Conflicts of Interest: Ethical Considerations for Counsel Representing Multiple Franchise Parties. See listing on previous pages for full details.

IBA/IFA Joint Conference

Do you want to learn more about the current issues facing the international franchise law community? Extend your stay in Washington to participate in the 41st Annual IBA/IFA Joint Conference, May 19–20. Partnering with the International Bar Association’s Franchising Committee each year ensures we offer a comprehensive program focused on the latest international franchise law issues.

Interactive sessions include a “News from Around the World” update during which expert international franchise law professionals provide a roundup of developments in franchising from some of the world’s hottest jurisdictions. Don’t miss the annual IBA/IFA Conference Reception and Dinner which many regard as one of the premier networking events offered all year.

By attending the IBA/IFA Joint Conference you will also earn additional CLE and CFE credits. There is a separate fee to participate in this program. For more information and to register please visit the IBA/IFA Joint Conference.

Social & Networking Events

In addition to premier educational content, one of the most important benefits of participating in the IFA Annual Legal Symposium is the opportunity to build relationships with franchise attorneys and business executives. Several networking events are offered during the program. Take advantage of your time away from the office by joining your colleagues at the following social events where the only thing on the agenda is building your portfolio of contacts in the franchise industry.

  • Welcome Reception – Sunday evening
  • Annual Networking Reception – Monday evening
  • Networking Luncheon – Tuesday afternoon
  • Refreshment Breaks

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