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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

Questions Answered By Expert  Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner 
In Category  Franchising

SubjectDate Asked

Mr. Franchise on Potential Franchise Earnings - Chick-fil-a11/14/2009
  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 In11/11/2009
  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, ...
Illegal Franchise Called A License - Mr. Franchise Weighs In11/1/2009
  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 In10/27/2009
  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 Business10/12/2009
  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 business10/6/2009
  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 Dispute9/26/2009
  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 In9/22/2009
  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 Franchise9/11/2009
  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 In8/17/2009
  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 In8/16/2009
  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 In8/7/2009
  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 franchise6/30/2009
  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 In6/17/2009
  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 ...
Trademark Issue - Mr. Franchise Weighs In5/20/2009
  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 In5/15/2009
  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 In5/8/2009
  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 ...
Franchising A Small Business Without The Big Cost - Mr. Franchise Weighs In5/8/2009
  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 In5/4/2009
  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 In4/25/2009
  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 ...
Getting Out of a Franchise - Mr. Franchise Weighs In3/19/2009
  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 ...
Franchise Royalty Used For Charity - Mr. Franchise Weighs In3/10/2009
  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 In3/4/2009
  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 In2/15/2009
  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 over2/7/2009
  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 In1/24/2009
  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 In1/13/2009
  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 In1/6/2009
  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 Information12/23/2008
  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 loan11/26/2008
  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 ...
Franchise vs. license agreement terms - Mr. Franchise Weighs In11/12/2008
  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 ...
Disguised Franchise As A Distributorship - Mr. Franchise Weighs In11/4/2008
  Q: I purchased a "distributorship" business opportunity in my state of FL earlier this year. I was ...
  A: The short answer is: without reviewing the contract you signed and researching what elements ...
Buying a Franchise - Mr. Franchise Weighs In10/17/2008
  Q: I have a few questions.One. shouldnt you buy a franchise that you would have a interest in that you ...
  A: You are absolutely right about buying a franchise that matches your personality and interests. For ...
Buying A Franchise - Mr. Franchise Weighs In10/12/2008
  Q: 22k invested in brand new condomonium, my domain name www.worldstocks.biz is worth 500k atleast (ive ...
  A: Why do you want to buy a franchise? It sounds like you’re very entrepreneurial. If that’s the case, ...
Franchise Disclosure Document (FDD) Review Costs and the New FTC Rule– Mr. Franchise Weighs In8/24/2008
  Q: Mr. Franchise, Glad to see you're a franchise attorney. I'm looking at a educational franchise. The ...
  A: A couple business issues immediately concern me. You say the company is new to franchising, is based ...
Franchise Disclosure Documents (FDD) New FTC Franchise Rule - Mr. Franchise Weighs In8/22/2008
  Q: Mr. Franchise, What are the major differences between the old Uniform Franchise Offering Circular ...
  A: In summary, what the Franchise Disclosure Document or new FTC FDD format does is take the prior ...
Franchisee Associations - Franchisee Advisory Councils - Mr. Franchise Weighs In8/20/2008
  Q: What is the best way to deal with a "roque" Franchisee association. One that was not agreed to or ...
  A: The starting point is to realize franchisees get together and discuss things regardless of how ...
Mr. Franchise on Franchise Lease Obligations5/28/2008
  Q: I am recently owner of a golf franchise and came from a large corporate position and new to being a ...
  A: Unless the franchise company acted as a guarantor of the lease (which is very unlikely) whoever ...
Franchise Litigation, Franchise Lawsuits and Franchise Arbitration - Mr. Franchise Weighs In5/18/2008
  Q: We're a relatively small, start-up franchise company and have sold ten franchises in the U.S. ...
  A: Yours is a relatively brief question, but my answer is in no way related to the brevity of the ...
Franchise Disclosure Documents - Mr. Franchise Weighs In4/17/2008
  Q: My nephew is thinking about buying a franchise in California and has the franchise conpany's ...
  A: Franchise Disclosure Documents (formerly known as Uniform Franchise Offering Circulars) and ...
Franchise Attorneys & Franchise Consultants - Critical Questions to Ask4/6/2008
  Q: I'm thinking about franchising my business. How do I evaluate franchise attorneys and consultants ...
  A: There’s a very good article on our website that provides an extensive checklist of factors to use ...
Mr. Franchise on the History of Franchising3/3/2008
  Q: where did franchising originate? Who was the first person or company to employ the franchising model ...
  A: Author Lloyd Tarbutton believes the first chain store concept began as early as 200 B.C. in China ...
Franchising vs. Licensing (Franchise vs. License) - Mr. Franchise Weighs In2/26/2008
  Q: I m confuse about license business strategy & franchise business strategy when I m studying this ...
  A: You need competent legal advice from a franchise attorney to analyze the specifics of the deal(s) ...
Mr. Franchise on Third Party Franchise Financing2/18/2008
  Q: during my suitable franchise researches I did , I found some companies offered financial aid 3rd ...
  A: It usually means the financing is not offered by the franchise company, but by a third party (a bank ...
Buying a Franchise - Franchise Investment Requirements; Franchise Breakeven Point - Mr. Franchise Weighs In2/9/2008
  Q: when I searching for some franchises I found some requirements in the requirements I found 3 ...
  A: Let's start with the largest number first - Minimum Net Worth $500k. This is what they want your ...
arrowroot products2/6/2008
  Q: We re a familly bussiness in a french island :Guadeloupe,who has develop a range of french pastry ...
  A: I'm not sure a franchise is the best way to exploit your formula, in the context of a business ...
Mr. Franchise on Loans & Needing An MBA1/29/2008
  Q: there is an firm based on giving loans for new business & they have a special section for franchise ...
  A: It looks like this is a GE-affiliated lender, at least they have the GE logo on the webpage. Lenders ...
Are Distributorships franchises? Mr. Franchise weighs in.11/1/2007
  Q: there is a company I known called mantruck this company os the only approaved distributer agency in ...
  A: our contact email is franchise@uplink.net or you can contact us through our website below: Kevin ...
Mr. Franchise on Distributorships vs. Franchises10/27/2007
  Q: there is a company I known called mantruck this company os the only approaved distributer agency in ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can discuss your ...
Franchise incorporating lease agreements9/26/2007
  Q: I have 2 franchise agreements where the franchisor leased the spaces prior to approaching me. They ...
  A: If the franchise agreements were specifically for a certain space (presumably in a high traffic area ...
Mr. Franchise on Additonal franchised units9/25/2007
  Q: Has any of your franchisees bought any additional units, If so, How many?
  A: Since our firm is not a franchise, but rather a franchise consulting and development firm with ...
Franchise and lease agreements - Mr. Franchise Weighs In9/21/2007
  Q: I have 2 franchise agreements where the franchisor leased the spaces prior to approaching me. They ...
  A: I'm out of the country at the moment and just picked up your question. I'd need more information in ...
Mr. Franchise on Pricing a Franchise: Franchise Fees & Royalties - Mr. Franchise Weighs In8/28/2007
  Q: Mr. Murphy: I'm thinking about creating a franchise company for a medical imaging procedure, but ...
  A: Franchise Foundations has a free franchise legal help advice hotline where you can discuss your ...

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