Martin D. Fern

Partner


310.598.4158

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Martin is a corporate attorney with more than four decades of experience handling multifaceted, sophisticated business transactions. He leverages his broad professional background to provide strategic counsel to clients involved in mergers and acquisitions, joint ventures, loan transactions, corporate restructuring and corporate governance matters. He also advises boards of directors and managing partners on fiduciary duty issues and has been engaged as an expert witness in cases involving corporate and partnership governance.

Martin spent more than a decade as in-house counsel at Metro-Goldwyn-Mayer International, Inc., managing the studio’s international business affairs and serving as its general counsel. He leverages that experience in providing sound counsel to clients, who consider him a trusted business advisor and turn to him for general business representation, advice and guidance in conjunction with their business transactions, challenges and goals. His clients include major multinational and international corporations, medium-sized companies and entrepreneurial ventures.    

Martin is considered an authority on business entity formation, purchases and sales of businesses and business governance and his publications are used by attorneys nationwide who require assistance in drafting business contracts on a day-to-day basis. He is the author of Warren’s Forms of Agreements, an eight-volume leading treatise on negotiating, structuring and drafting American business agreements and contract law, as well as Warren’s Forms of Agreement: Fern’s Desk Edition.

Martin is fluent in new media and technology market trends and developments. He regularly counsels clients on the myriad technology platforms that can increase their brands’ reach.

Martin is also an internationally recognized authority on franchising and licensing and represents clients in franchise agreements, franchise regulatory matters and the negotiation of agreements with franchisees. He has been designated a Certified Specialist in Franchise and Distribution Law by the California Board of Legal Specialization. Martin uses his distinct knowledge of this industry to inform his clients on the changing nature and intricacies of franchise law.  He has written extensively on this topic in several published law books, including a three-volume treatise on franchise law.

Martin acts as arbitrator and mediator for Franchise Arbitration and Mediation (FAM) and the American Arbitration Association (AAA).  He is also frequently engaged by law firms and corporations as an consultant and expert witness in diverse subjects, including corporate and partnership law and governance, business contracts, franchising and intellectual property. 

Client Resources

Franchise Law Update Blog
Martin is among the contributors to the firm's Franchise Law Update blog (http://franchiselaw.foxrothschild.com/), which highlights not only the regulatory aspects of franchising but also diverse topics such as business finance, employment, litigation and the protection of intellectual property including trademarks and copyrights.

Honors and Awards

• Included in a list of "Super Lawyers" in the field of Intellectual Property by Super Lawyers Magazine (Corporate Counsel Edition) (2009 and 2010)
• Included in a list of Southern California "Super Lawyers" in the field of Intellectual Property (2011)
Practice Areas
Franchising, Licensing & Distribution
Intellectual Property
Trade Secrets
Entertainment

Bar Admissions

California

New York


Education

J.D., cum laude, New York University School of Law, 1967

B.A., City University of New York (CCNY), 1964


Memberships

ABA Advisor, National Conference of Commissioners on Uniform State Laws Drafting Committee of Uniform Franchise and Business Opportunity Act (1985-86)

Chair, ABA Subcommittee on Franchising (1979-86)

California Franchise Legislation Committee (1982-88, 2001-05)

Legal and Legislative Affairs Committee, International Franchise Association (1981-91)

Founding Member, American Bar Association, Forum on Franchise Law