AboutFranchise 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
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.
if I have a great knowledge in some issue (industry) also I enjoy it and interested in too , is that ll be sufficient motives let me open franchise in that issue ?
or
I have to have practical or market experience in that issue or industry before start a franchise ?
please give me your advices , commentaries
ANSWER: I need clarification on your question. Are you thinking of buying a franchise from another company or starting a company that sells franchises based on your knowledge? Buying a franchise vs. franchising a business are very different issues.
As soon as you advise, I will put on my franchise attorney, franchise expert hat and direct my answer to the question.
Having knowledge about an industry and even a high level of interest in that industry or field does not necessarily mean you are a good franchise candidate for this industry or field.
Although franchise relationships work for some people, they are definitely inappropriate for an even greater number. Investing in a franchise, with its long-term financial and legal commitments, if franchising isn't in your cards will only spell disaster.
So, before you consider any franchise, the starting point must be: are you suited for a franchise relationship? There are some articles that address this topic on the Franchise Foundations website at:
Franchise introspection is critical. It is not something you will find using a franchise broker or salesman - they want to sell you a franchise and earn their commission. Most franchise attorneys are not a good source of introspection either - their focus is charging fees to review a Franchise Disclosure Document (FDD).
Based on my experience owning a very successful franchise, as well as seeing a large number of franchise investments and relationships gone bad, I developed criteria that resulted in the Personal Franchise Profile analysis currently offered by our firm. This is something you may consider doing, if interested.
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