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About Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
(Top Expert on this page)

Expertise
Franchise Attorney, MBA Franchise Expert, author and instructor with 2-plus decades of franchise industry experience, including ownership of a successful franchise. I answer all business format franchise questions, how to franchise a business, issues about ongoing franchise relationships, buying a franchise, evaluating franchise investments, franchising vs. licensing (franchise vs. license), franchise disputes, franchise operations manuals, franchise expert advice in franchise lawsuits and franchise litigation, franchise agreements, franchise disclosure documents FDD and intellectual property. I don't answer questions about franchises in the automotive and petroleum industries. I have drafted, reviewed and negotiated over 500 franchise disclosure documents, advised hundreds of franchise buyers and franchise companies as well as started and operated a franchise from scratch - a background not duplicated by any other franchise expert. My in-the-trenches franchise ownership and resale experiences gave me valuable insights to share with potential franchise buyers and existing as well as emerging franchise companies.

Experience
Known in the industry as Mr. Franchise, I have owned, operated and sold a very successful franchise in the home improvement industry. I help individuals and companies enter and prosper in the franchise industry, have drafted, reviewed and negotiated over 500 FDD's (Franchise Disclosure Documents) and have experience filing franchise registrations in all franchise registration states such as California, Illinois, New York, etc.

Publications
Author of over 40 franchise articles, including four books on franchising and one book on trade secrets.

Avoiding Legal Pitfalls In Franchise Marketing
2009, Franchise Foundations Press

Franchise Sales Control
2009, Franchise Foundations Press

Effective Franchise Marketing
2009, Franchise Foundations Press

Implementing A Franchise Disclosure Compliance Program
2009, Franchise Foundations Press

Protecting Trade Secrets
2002, Franchise Foundations Press

Also authored foreword and edited various chapters of the following book:

The Franchise Handbook: A Complete Guide to All Aspects of Buying, Selling or Investing in a Franchise
2006, Atlantic Publishing Company


Education/Credentials

B.S. Business Administration (Finance), University of San Francisco,

Juris Doctorate (J.D.) of Law, University of San Francisco School of Law,

Active member of the State Bar of California

Master of Business Administration (M.B.A.) - International Business, San Francisco State University,

Approved Provider of MCLE by the State Bar of California, 1993 to present
Teaching franchise, licensing and intellectual property courses to attorneys

Awards and Honors
Selected as the premier U.S. franchise expert by the World Intellectual Property Organization (WIPO), an agency of the United Nations, in Geneva, Switzerland to speak at Singapore’s World Conference about franchising in Asian countries and developing uniform franchise regulations based on the U.S. franchise laws and regulatory model, September, 2007, hosted jointly by WIPO and the Intellectual Property Office of Singapore (IPOS).

Snapshot of Recent Franchise Expert Litigation Cases:

Nagrampa v. MailCoups Inc. and The American Arbitration Association - United States Court of Appeals for the Ninth Circuit (Argued and Submitted En Banc). Summary: provided franchise expert strategy and consulting in a case that established new franchise law by invalidating the standard arbitration provision in a California franchise agreement on the grounds it was unconscionable.

Swansons Cleaners, et al. (Superior Court jury trial). Summary: provided franchise expert consulting that re-focused the legal issues and discovered new causes of action. Testified at deposition and trial for a franchisee in its claims against the franchise company. Result: jury verdict in favor of the franchisee for $1.6 million in punitive damages and $634,000 in contract, etc. damages.

For more information, visit the Franchise Foundations website

   

You are here:  Experts > Business > Small Business: Canada > Franchising

SubjectDate AskedExpert

Mr. Franchise on Potential Franchise Earnings - Chick-fil-a11/14/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I'm considering applying for a Chick-fil-a franchise. Any idea of the potenital earnings for an ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can ask a franchise ...
How To Franchise A Business - Mr. Franchise Weighs In11/11/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I have a successful business model we've been operating now for almost two years. What are the ...
  A: How to franchise a business brings up a number of business and legal issues. Many of these, ...
Estimating expenses11/6/2009Joel Libava
  Q: I an researching starting a Subway location and I am trying to put together a proforma P and L. I ...
  A: Here is the best way to figure expenses for any franchise opportunity you are looking at; Call the ...
Illegal Franchise Called A License - Mr. Franchise Weighs In11/1/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: Franchise, A group of us (about 40 or so) bought into a company that was selling a license to train ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can ask a franchise ...
Franchise relationship - Mr. Franchise Weighs In10/27/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: My MBA assignment question is "... the franchisor should ensure that all his staff understand the ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can ask a franchise ...
Mr. Franchise on Franchising A Business10/12/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: sir,ours is a franchise of an animation company,we want to issue sub franchise to spread across 5 ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can ask a franchise ...
Mr. Franchise on provisions of a franchise business10/6/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: what are some provisions of a franchise business?
  A: Are you asking about provisions of a franchise agreement? Franchise Foundations has a free franchise ...
Mr. Franchise on Franchise vs. License - Potential Franchise Dispute9/26/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I'm part of a fairly large group of people who bought a "license" to operate a business. Now the ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can ask a franchise ...
Consent to Franchise Transfer - Mr. Franchise Weighs In9/22/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I am currently the owner of a gym franchise. The CEO of the company and I have had some arguments ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can ask a franchise ...
Mr. Franchise on Buying A Franchise9/11/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: My friend and I are looking into opening a franchise called "going bonkers" here in Kansas and have ...
  A: It is strange that the original owner has nothing to do with the franchising. Usually they are ...
To Franchise Or Not To Franchise - Mr. Franchise Weighs In8/17/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: if I have a great knowledge in some issue (industry) also I enjoy it and interested in too , is that ...
  A: A high score on a franchise test, like "Is a Franchise for you?" doesn't really mean much, ...
To Franchise Or Not To Franchise - Mr. Franchise Weighs In8/16/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: if I have a great knowledge in some issue (industry) also I enjoy it and interested in too , is that ...
  A: If you have great knowledge about a certain industry, that certainly helps if you are considering a ...
Selling Your Existing Franchise - Mr. Franchise Weighs In8/7/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: we are in the process of selling our franchise and our Franchisor is creating problems. They are ...
  A: Changing the deal can definitely be a deal-breaker. The answer to your question depends on a number ...
Purchasing a second franchise6/30/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: When I purchased my first franchise, I also opted to purchase a second. I paid the fee for both ...
  A: You need to show whatever you signed to a franchise attorney for competent advice. Franchise ...
Disguised franchises - Mr. Franchise Weighs In6/17/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I bought into a co-op in 2003. The company at that time was is 13 states. I have recently ...
  A: Franchise Foundations has a franchise legal help advice hotline where you can contact a franchise ...
Protect Myself from possible franchisor5/20/2009Tony Sansotta
  Q: I'm interested in buying into a new franchise for a breakfast restaurant in Quebec. When I first ...
  A: You need to get the financials for all three restaurants for the past three years. This should give ...
Protect Myself from possible franchisor5/20/2009Tony Sansotta
  Q: I'm interested in buying into a new franchise for a breakfast restaurant in Quebec. When I first ...
  A: You absolutely want to see their financial statements. In fact you should be calling their ...
Trademark Issue - Mr. Franchise Weighs In5/20/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I am a small business owner, actually a SAHM who works from her home doing craft items. Recently I ...
  A: This is actually a trademark issue, not a franchise one. The answer depends on what trademark rights ...
To Franchise Or Not To Franchise - Mr. Franchise Weighs In5/15/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: if I have a great knowledge in some issue (industry) also I enjoy it and interested in too , is that ...
  A: Having knowledge about an industry and even a high level of interest in that industry or field does ...
To Franchise Or Not To Franchise - Mr. Franchise Weighs In5/8/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: if I have a great knowledge in some issue (industry) also I enjoy it and interested in too , is that ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can ask a franchise ...
new business5/8/2009Joel Libava
  Q: if I have a great knowledge in some issue (industry) also I enjoy it and interested in too , is that ...
  A: I guess it just depends on the specif franchise you end up looking at. Industry knowledge is ...
new business5/8/2009Michael Pollock
  Q: if I have a great knowledge in some issue (industry) also I enjoy it and interested in too , is that ...
  A: Greetings, It is unclear to me if you are asking about starting a new franchise as a franchisor, or ...
new business5/8/2009Tony Sansotta
  Q: if I have a great knowledge in some issue (industry) also I enjoy it and interested in too , is that ...
  A: Knowledge of an industry is very important but practical experience within the industry is very ...
Franchising A Small Business Without The Big Cost - Mr. Franchise Weighs In5/8/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: We are a company that provide afterschool programs in schools www.hobbyquest.com We are in ...
  A: The large franchise development firms charge exorbitant prices (the $70,000 to $150,000 you quoted) ...
Franchising A Business in the U.S. - Mr. Franchise Weighs In5/4/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: Franchise, I am a fourth-year student from Vietnam, and doing a thesis. My thesis relates to U.S ...
  A: An interesting and timely question. Our firm has just established a branch in Singapore for the ...
Buying An International McDonalds Franchise - Mr. Franchise Weighs In4/25/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: How can I get a McDonalds franchise in a coutry where McDonalds isn't presented yet? Much ...
  A: In countries where McDonalds franchises are not yet present, applicants go through a franchise ...
Franchises4/20/2009Michael Pollock
  Q: I was just layed off from my job 2 months ago. I am now seeking to start my own business and I'm not ...
  A: I think your situation is very similar to many people. It is common for folks to become unmotivated ...
Getting Out of a Franchise - Mr. Franchise Weighs In3/19/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: My franchise is not doing well. It is in the retail arena. It is an s corp in state of nj. I want ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can discuss your ...
Re: Costs of franchising a business3/18/2009Tony Sansotta
  Q: I am a business marketing student, doing a detailed business plan for franchising my own business. I ...
  A: Are you planning on applying to become a franchisee of a currently franchised company or are you ...
Franchise Royalty Used For Charity - Mr. Franchise Weighs In3/10/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I request you to elucidate on a generalized scenario of franchising and clarify some doubts. There ...
  A: Virtually all franchise owners pay the franchisor a percentage of gross sales - known as a franchise ...
Buying a McDonalds Franchise: FDD Cost, Average Sales & Profits - Mr. Franchise Weighs In3/4/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: Do you have any information about the McDonalds franchise program? How much it costs, sales volumes, ...
  A: Sorry to hear about your recent job loss. A lot of people hear they can buy a McDonalds franchise ...
FDD Item 19 Financial Performance Representations - Mr. Franchise Weighs In2/15/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I am reviewing various FDD's. One surprised me since in Item 19 , where financial performance ...
  A: If you are reviewing various FDD's, Franchise Foundations has a great program called FDD Evaluator. ...
Mr. Franchise on Franchisee take over2/7/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: Have you ever seen a failing franchise situation where the franchisees took over the franchise, or ...
  A: I've heard of a number of failing franchisors where franchisees bought out the franchisor. I also ...
Franchise Warning Signals: What To Do If The Ship Is Sinking - Mr. Franchise Weighs In1/24/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I purchased a franchise about six months ago. The franchisor has been franchsising for just a few ...
  A: as you’ve obviously discovered. There is a good franchise article about this on the Franchise ...
Franchise Kits - FDD Templates, Franchise Operations Manual - Mr. Franchise Weighs In1/13/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: Our company wants to franchise and we're thinking about buying a franchise kit that includes an FDD ...
  A: STEP BACK, AND DO A FRANCHISE FEASIBILITY STUDY Before investing in anything, I recommend your ...
Franchise Operations Manual; Cost To Franchise A Business - Mr. Franchise Weighs In1/6/2009Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: Our company is planning to franchise and a franchise consultant tells us his company needs to draft ...
  A: Your question covers a number of topics, so I’ll go through them one by one. FRANCHISE OPERATIONS ...
Mr. Franchise on Finding Out Franchise Owner Information12/23/2008Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: can you please tell me how to find out if my employer is a franchise owner,and what difference there ...
  A: Besides asking directly, there are a couple indirect methods. The easiest is to have someone call ...
Mr. Franchise on Business loan11/26/2008Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I recently bought into a franchise and went with a broker to obtain financing for the restaurant. I ...
  A: First, this isn't in my area of franchise expertise - I'm a franchise attorney. This is a commercial ...
FRANCHISING11/21/2008Michael Pollock
  Q: DOES WAL-MART SELL FRANCHISING RIGHTS FOR INDIVIDUAL OWNERSHIP?
  A: I am not familiar with how WalMart expands nationally, but it is my understanding that each store is ...
Franchise vs. license agreement terms - Mr. Franchise Weighs In11/12/2008Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
  Q: I have a publication I started earlier this year with a partner. Each zipcode gets its own version ...
  A: First question I have is – where are you located? If you are in the U.S. or other jurisdiction that ...

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