4. Franchising: How To Be In Business For
Yourself, Not By Yourself
This
breakout session will cover what franchising is, what is involved
in becoming a franchise company. It will also cover information
about buying a franchise for those interested in buying one.
Speaker: Harold
L. Kestenbaum, Farrell Fritz, P.C.
Harold L. Kestenbaum is an attorney who has specialized
in franchise law and other matters relating to franchising since
1977. From May 1982 until September 1986, Mr. Kestenbaum served
as franchise and general counsel to Sbarro, Inc., the national
franchisor of over 900 family-style Italian restaurants and, has
been a director since March 1985. In addition, he currently sits
on the Board of Directors of RezConnect Technologies, Inc., Ultimate
Franchise Systems, Desert Moon Café Franchise Corp., and
GarageTek, Inc. From September 1983 to October 1989, he served
as President and Chairman of the Board of FranchiseIt Corporation,
the first publicly traded company specializing in providing franchise
marketing and consulting services and equity financing to emerging
franchise companies, which he co-founded.
Mr. Kestenbaum is or has been franchise counsel to many regional,
national and international franchise companies in many diverse
industries. Mr. Kestenbaum’s expertise in franchise law
is buttressed by his practical experience of serving as the Chief
Executive Officer of a national franchisor and serving as a Director
of six nationally and internationally known franchisors, experiences
that are rare and unique in the area of franchise law.
Currently, Mr. Kestenbaum is Counsel to Farrell Fritz, P. C. and
is engaged exclusively in the practice of franchise distribution
and licensing law, representing exclusively franchisors only,
both start-up and established. He is the chairman of the Farrell
Fritz Franchise, Distribution and Licensing Practice Group.
Mr. Kestenbaum is a member of the American Bar Association’s
Antitrust Section, a member of the Antitrust Section’s Forum
Committee on Franchising since 1978, a member of the Subcommittee
on Franchising of the American Bar Association’s Corporation
Banking and Business Law Section, is a founding member and the
current Chairman of the New York State Bar Association’s
Franchise, Distribution and Licensing Law Section, he currently
serves as Chairman for its Education and Seminar Subcommittee
(he Chaired a Statewide seminar programs for New York State attorneys
in 1997, 2000, 2002, 2004 and 2005 and Chaired seminars on Franchise
Law for the Nassau and Suffolk County Bar Associations) and he
sits on the International Franchise Association’s Supplier
Forum Advisory Board. He has published many articles related to
franchising and frequently lectures and appears before numerous
organizations and law schools speaking on various topics in franchising.
He has been chosen one of the top 100 franchise attorneys in North
America by Franchise Times in 2004 and 2005 and was named one
of the three best franchise attorneys in the New York metro area
by New York Magazine for 2005. In addition, he has written two
articles for the ABA Forum Committee, one appearing in the Franchise
Law Journal and the other appearing in the Franchise Lawyer. He
has appeared on two International Franchise Association Legal
Symposium panels, one in 2001 and the other in 2004. He also participates
in the IFA Speakers Bureau and has spoken on its behalf, and has
been a facilitator at five IFA Convention Roundtables. He has
attended over 20 ABA Forum Committee annual programs since 1978
and over 25 IFA Legal Symposia.
Mr. Kestenbaum received his Bachelor of Arts Degree in 1971 from
Queens College, Queens, New York and earned his Juris Doctor Degree
from the University of Richmond School of Law, Richmond, Virginia,
in 1975, where he was a member of Law Review. He is listed in
“Who’s Who in American Law”, “The Best
Lawyers in America” (Franchising), and is on the Martindale-Hubbell
Bar Register of Preeminent Lawyers.