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About Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner
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 > Franchise relationship - Mr. Franchise Weighs In

Franchising - Franchise relationship - Mr. Franchise Weighs In

Expert: Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner - 10/27/2009

Question
Dear Kevin,
My MBA assignment question is "... the franchisor should ensure that all his staff understand the importance of the highest possible quality of the franchisor-franchisee relations"

The assignment seeks arguments for and against the above quotation. Many thanks.
Regards Mark.

Answer

Mr. Franchise - Kevin

Franchise Foundations has a free franchise legal help advice hotline where you can ask a franchise attorney any question. Go to:

http://www.franchisefoundations.com/franchiseattorney.html

Going to the specifics of your franchise question, experts on this site are not supposed to answer homework questions. I can direct you to the Franchise Foundations website that contains sufficient information for you to derive a comprehensive answer to your assignment question. Start with the history of franchising at:

http://www.franchisefoundations.com/franchisearticlesi.html#Bookmark1

Then read the article entitled "How To Franchise A Business - Strategic Planning, Documentation and Implementation of Franchise Systems" at:

http://www.franchisefoundations.com/franchisearticlesi.html#Bookmark2

Next, consider the issues from the standpoint of a franchise owner. Read the article "BUYING A FRANCHISE - EVALUATING FRANCHISE DISCLOSURE DOCUMENTS AND FRANCHISE INVESTMENTS - TIPS FROM A FRANCHISE ATTORNEY, FRANCHISE EXPERT AND FORMER FRANCHISE OWNER" at:

http://www.franchisefoundations.com/franchisearticlesii.html#Bookmark1

Additional information from the franchise owner's perspective can be found at the Buying A Franchise page, especially the article "BUYING A FRANCHISE - THE AMERICAN DREAM at:

http://www.franchisefoundations.com/buyingafranchise.html#Bookmark1

Finally, a tip. There is a lot more to the process that merely ensuring staff understands the importance of high quality franchisor-franchisee relations. There must be a series of feedback loops so performance can be monitored, analyzed and improved - a constant iteration process. By itself, a little knowledge can be a dangerous thing.

Also how is "franchisor-franchisee" relations defined? Is it merely to ensure timely royalty payments by franchise owners vs. helping franchise owners maximize sales and minimize expenses. The difference speaks volumes about the mentality of the organization in how it defines a quality franchise relationship.

Any questions, contact me via the franchise attorney link below.

Good luck,

Kevin B. Murphy, B.S., M.B.A., J.D.
Mr. Franchise
FRANCHISE FOUNDATIONS
http://www.franchisefoundations.com/franchiseattorney.html
http://www.franchisefoundations.com/franchiseexpert.html

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