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Opening a Franchise: American Dream or a Landlord Nightmare?

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When it comes to retail leases for franchised businesses, the perspectives of landlord, franchisor, and franchisee often differ. The ongoing shortage of premium retail space only sharpens these differences. We examine the sometimes conflicting objectives of the parties in negotiating a retail lease for a franchisee and talk about ways to craft leases that will be mutually acceptable.

Featured Guests

Perry Roshan-Zamirportrait-Perry-Roshan-Zamir-148
Vice President and General Counsel at Baja Fresh
Sole Proprietor at Law Offices of Perry Roshan-Zamir

As Vice-President & General Counsel of Baja Fresh, Perry is in charge of litigation, real estate, corporate governance, contract negotiations, risk management, overseeing of outside counsel, franchise compliance and disputes. As owner and sole proprietor at his law office, he practices civil business and real estate litigation, franchise disputes, intellectual property rights, contract negotiations. Perry is a certified specialist in franchise law. He obtained his Master of Business Taxation at the University of Southern California, his J.D. at Whittier College School of Law and B.S. at the University of Southern California. He is licensed to practice in California, the District of Colombia, and as British Solicitor.

Robin Day GlennRobin-Day-Glenn-portrait-148
Managing Attorney at Franchise Law Team

At the Franchise Law Team, Robin has focused on domestic and international franchise law since 1984 and she is certified as a specialist in franchise and distribution law. She obtained her B.A. at New College in Sarasota, Florida, her J.D. at the University of California at Davis and her LL.M. in International and Comparative Law at Georgetown University, where she was a Research Fellow of the International Law Center.

Ms. Glenn authored the chapter on “Drafting Franchise Agreements in California” and co-wrote the “Preparing a Franchise Disclosure Document” chapter for CEB’s 2009 California Franchise Law and Practice, assisting with its 2011 and 2013 revisions. She served as a member of the Franchise and Distribution Law Advisory Commission to the Board of Legal Specialization from 2006 to 2009, chairing it during the final year of her term and going on to be a member of the Board of Legal Specialization. She is a past chair of the State Bar of California’s Franchise Law Committee and has served on the Governing Committees of its International Law Section and Business Law Section. She has been the Contributing Editor for Franchises of CEB’s California Business Law Reporter since 1991 and wrote the “Franchises” chapter of Bancroft Whitney’s California Transactions Forms. She is a mediator and arbitrator and has been an active member of the American Bar Association’s Forum on Franchising since 1984, serving on its publications committee, speaking at its programs, and contributing articles to the Forum’s Franchise Law Journal as well as to numerous other publications. Ms. Glenn believes that franchise documents should reflect the philosophy and values of the franchisors she represents. She is a proponent of fairness in franchising and has been interviewed by leading national business publications on franchise matters.

Robert PurvinRobert-Purvin-portrait-148
Chairman and CEO of American Association of Franchisees & Dealers
Website / LinkedIn

Mr. Purvin is the Chairman of the Board of Trustees of the American Association of Franchisees and Dealers (AAFD), a national nonprofit trade association promoting fair franchising practices and the concept of Total Quality Franchising. Mr. Purvin is the author of The Franchise Fraud: How to Protect Yourself Before and After You Invest, an exposé on franchising in the 1990’s, which advocated franchisees joining together for greater negotiating leverage in contract development and dispute resolution. Mr. Purvin has practiced franchise law since 1973 and is a certified franchise law specialist. Although he has substantial experience representing the interests of both franchisors and franchisees, Mr. Purvin has gained the reputation as a pre-eminent authority relating to the representation of franchisees. Mr. Purvin engages in contract and dispute mediation and is an approved mediator of the National Franchise Mediation Program and the CPR Institute of Dispute Resolution.

Mr. Purvin served as co-chair of the AAFD’s Fair Franchising Standards Committee and has testified several times before Congressional and state legislative committees on issues relating to franchising from the franchisee’s perspective. Mr. Purvin has three times been a plenary speaker at the American Bar Association Forum of Franchising and has served as the Vice-Chair of the Franchise Law, Business Opportunities and Licensing Law Committee, and Chair of the Franchisee and Dealer Subcommittee, of the General Practice Section of the American Bar Association. Mr. Purvin is a member of the ABA Forum on Franchising and has served several terms as a member of the State Bar of California Franchise Law Committee. Mr. Purvin has written or contributed to numerous articles on franchising and was co-author of several papers published by the American Bar Association Forum on Franchising, two of which have since been republished as part of the American Bar Association’s Best of the Best series.

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