2020 Franchise Law Virtual Summit

August 12, 2020
IFA - International Franchise Association

August 12 - 13, 2020

Crisis Management in the Era of Fake News

In the era of instantaneous reporting and less than rigorous fact gathering, how does a franchise system safeguard its hard-earned goodwill and reputation? This session will examine the role of the lawyer in crisis management, including addressing bad press, protest sites, and customer outrage. The panelists will also:

(i) provide advice on (a) preparing for a crisis and weathering the storm once a crisis occurs, and (b) managing and responding to “fake news” that is leaked from the system, including attempts to leverage the press to a franchisee’s advantage in civil litigation and settlement negotiations; and (iii) discuss procedural and tactical advice on how to best use the court or private dispute resolution to safeguard and defend one’s hard-earned goodwill and reputation.

Speaker: John Gessner

Item 19 in 2020 – FPRs in the New Decade

With the adoption of the 2017 NASAA Franchise Commentary on Financial Performance Representations and 2020 NASAA Guidance on Disclosing Financial Performance Representations in the Time of COVID19, franchisors are facing greater obstacles in presenting key financial performance data in Item 19. This session will discuss:

• best practices in drafting compliant FPRs, including those for emerging brands and nontraditional locations

• common objections from state examiners during the registration process and best practices in crafting effective responses

• issues confronting franchisors and their attorneys in making Item 19 financial performance representations, including the use of FPRs in the franchise sales process

• factors to evaluate in determining whether a reasonable basis exists to include an FPR in response to the COVID-19 pandemic

Speaker: Megan Center