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

Speakers: Brittany Johnson, Special Counsel, Miller Nash LLP; Gina Malandrino, Partner, Cheng Cohen; Abby Whetstone, Owner and Principal Consultant, Non Trad Consulting Group

Paper Presentation

Non-traditional franchising is no longer the exception— it’s the laboratory for the future of franchise growth. As franchisors deploy models across airports, universities, healthcare systems, military and other government locations, ghost kitchens, shared spaces, and digital platforms, traditional franchise legal and operational frameworks are being tested and redefined. This advanced session examines how leading franchisors and counsel are structuring, documenting, and governing complex non-traditional arrangements that challenge the boundaries of the Franchise Rule as well as state disclosure and relationship laws.

Panelists will dissect:
• 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, territorial rights, encroachment and termination or exit analyses.
• Regulatory friction points—franchise versus distribution versus partnership—and emerging guidance from enforcement agencies.
• Financing, supply chain, data access and ownership implications unique to non-traditional operations.

Participants will gain a deep understanding of how to anticipate and mitigate legal risks while leveraging non¬traditional models as engines for innovation, scalability, and system resilience.

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