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Kevin Brendan Murphy

Franchising Attorney at San Francisco, CA

5.0   16 reviews
  • Licensed for 44 years
    State CA
    Acquired 1979
    Status
    Inactive No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Kevin

Learn Kevin’s areas of practice.

1
Practice area
  1. Franchising
    100%
    franchise documentation and franchise litigation

    44 years

Franchise Attorney , Franchise Expert, Kevin B. Murphy, known in the industry as Mr. Franchise, is a San Francisco California franchise attorney franchise lawyer and internationally recognized, court-accepted franchise expert with an MBA and a 34-year practice devoted exclusively to franchise law.

 

Besides just "talking the talk," as most attorneys do, Kevin has actually walked the walk, owning and operating a very successful franchise. This perspective gives him the ability and experience to offer unparalleled advice and strategies. Try finding just that qualification in any other franchise attorney.

 

For over 24-years, Mr. Franchise has qualified as a court-accepted, testifying franchise expert witness in court and arbitration proceedings, sharing his 34-years of franchise industry knowledge and experience. It has also given him vast experience in knowing where the bullets come from in franchise litigation . . . and how to stay out of the line of fire. Try finding any other franchise attorney who is also a court-accepted, franchise expert.

 

In 2007, following extensive peer review and evaluation of franchise attorneys and consultants, Mr. Franchise was retained as the premier U.S. franchise expert by the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations, Geneva, Switzerland, to speak at Singapore’s World Conference about franchising in Asian countries and developing uniform franchise regulations based on the U.S. regulatory model, hosted jointly by WIPO and the Intellectual Property Office of Singapore (IPOS).

 

In 2008 he was selected as the premier U.S. franchise expert by the Jordan Intellectual Property Association to speak at their franchise symposium in Amman Jordan. Turning on the television in his hotel suite, Mr. Franchise viewed his first-ever camel race.

 

In 2010 Mr. Murphy was retained yet a second time as the premier U.S. franchise expert by the World Intellectual Property Organization to help draft a manuscript about franchising that was published in 2011.

 

Since 1993 (20-plus years), Mr. Murphy has also been an Approved MCLE (Minimum Continuing Legal Education) Provider by the State Bar of California, teaching franchise law, franchising vs. licensing (franchise vs. license), and intellectual property courses to California franchise lawyers and attorneys.

 

Franchise courses and a variety of franchise workshops and franchise seminars (including franchise feasibility workshops for companies considering franchise expansion and franchise marketing and management training for existing franchise companies) are offered by Mr. Franchise via online, interactive PowerPoint presentations or at your corporate office.

 

He holds degrees in Business Administration (B.S.B.A.) and Law (J.D.) from the University of San Francisco and a Master of Business Administration (MBA) from San Francisco State University.

 

Kevin is the author of more than 50 publications, including four books on franchising and one book on trade secrets.

 

In addition to advising firms on how to franchise a business, franchise development, franchising vs. licensing (franchise vs. license options - avoiding disguised illegal franchises), drafting franchise operations manuals, franchise management training and continuing legal education (franchise MCLE).

 

Kevin also helps evaluate franchise disclosure documents. and franchise investments. The key here is to realize when it comes to franchise agreements you don’t get what you deserve or even what’s fair – you only get what you negotiate.

 

Mr. Franchise, through Franchise Foundations and based on his experience owning a very successful franchise as well as drafting and reviewing over 500 Franchise Disclosure Documents (FDD), helped pioneer FDD Evaluator.

 

FDD Evaluator is a Franchise Disclosure Document overview that examines the disclosures in the FDD and franchise contract to give a thumbs up or down and indicate red flags and provisions in the contract or business metrics to consider further or negotiate.

 

If a decision is made to move forward, the franchise investor can either negotiate directly with the franchise company – which many clients do – or retain Franchise Foundations for contract negotiations.

 

The cost of the FDD EVALUATOR is a specially-priced flat fee (send to Mr. Franchise for a firm quote).

 

Other law firms currently charge a "retainer" (= pay the retainer now, plus more later) of $4,000 to $8,000 applied against hourly rates of $300 to $600 per hour to review the FDD, etc.

 

Odds are they're not MBA's and haven't reviewed over 500 FDD's. And it's a 100% bet they've never owned a franchise before; they may talk the talk, but have never walked the walk. And they also aren't recognized, court-accepted, testifying franchise experts.  Finally, they only do a legal review and the legal perspective and legal-ese is not nearly as important as the financial and business issues of the franchise being considered.  For more information about FDD Evaluator click here .

 

His clients and projects range from small firms that franchise a business in a franchise development program for the first time to established companies who are household names and have thousands of outlets.

 

 

Some of his recent franchise expert accomplishments include franchise expert strategy and consulting in the landmark Nagrampa v. MailCoups Inc. and The American Arbitration Association case, argued and submitted En Banc before the United States Court of Appeals for the Ninth Circuit. This case invalidated the standard arbitration provision in a California franchise agreement on the grounds it was unconscionable.

 

He recently represented a client in an illegal franchise case, involving proven, willful violations of California's Franchise Investment Law, resulting in full restitution to his client, as well as an award of attorneys fees of $86,687 plus costs.

 

Kevin enjoys cats, mountaineering, backpacking, the Napa Valley Wine Country, writing, reading, teaching and travel to exotic places.

 

For more information, visit the Franchise Foundations website

 

Click here to see Mr. Franchise's franchise expert C.V.

 

Click here to contact Mr. Franchise Attorney directly

Photos and videos

Backpacking in Alaska. Don't believe so-called bear-expert, celebrity, and now-deceased Timothy Treadwell who said before he and his girlfriend were eaten by a hungry Grizzly in Alaska (burp!), Grizzlies are  NOT "large teddy bears" or "party animals."
Mr. Franchise (left) lecturing at Jordan during IP week; translation assistance by a local attorney. Turning on the TV in my room the first night, I saw my first-ever camel race.
Climbing California's Mt. Shasta. View from base camp at frozen Lake Helen before the climb to the summit next morning. John Muir said of Mount Shasta:

    "When I first caught sight of it all my blood turned to wine, and I have not been weary since."
Mr. Franchise - Attorney Kevin B. Murphy - B.S., M.B.A., J.D. Third-generation San Franciscan.

Location

Franchise Foundations, APC
4157 23rd Street
San Francisco, CA, 94114

Reviews

5.0 / 5.0
  16 customer reviews
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Posted by Jim Vincent | October 13, 2016
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Very Knowlegable
He gave great advise and I still may hire him, but my situation has not progressed.
Posted by Kevin Robertson | May 5, 2016
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Great Franchise Lawyer and Great Person
I have had the pleasure of consultation with Kevin Murphy, and his willingness to help and look into my franchise agreement when he didn't have to was admirable. He was generally concerned with my dilemma and had some very good insight into solutions. I would recommend Kevin to anyone involved in franchise law.
Posted by anonymous | July 15, 2015
Outstanding Franchise Attorney
Went through the process of evaluating five different franchise attorneys before deciding to use Kevin Murphy. Liked that he had an MBA and was a former franchise owner. He did a very detailed report (8 pages); about 80% addressed business and financial issues; 20% legal stuff. Ending up sharing his comments with my franchise broker and his comment was quite interesting. He had seen numerous reports from other franchise attorneys on the franchise I considered. None of the other attorneys addressed the business and financial issues raised by Mr. Murphy. I pointed out that Mr. Murphy has an MBA, is a court-accepted franchise expert, and owned a franchise before. "Oh," was the only response from my franchise broker. Highly recommend Kevin Murphy's FDD evaluation services.
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Posted by Sam | August 20, 2014
Best FDD Review and Due Diligence
The franchise company told me they don't negotiate their franchise agreements from the get go. Made me question the need to even hire an attorney. A family member told me about Mr. Franchise - a franchise-only attorney with an MBA that has actually owned a successful franchise. Ended up retaining him to review my FDD and advise. Very detailed report that covered not just the legal, but also the business and financial aspects as well. Like he told me (and he was right) - the legal is less than half the story in franchising. Decided to move forward and we were able to negotiate the really unfair provisions out of the contract. Highly recommend!
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Posted by anonymous | February 12, 2014
Mr. Franchise Keeps on Rolling!!!
I have know Kevin Murphy for akmost 30 years. In all that time that we have worked together, I have never seen him falter once. He is keenly intelligent, incisive, and has tons of common sense to boot! Kevin combines all aspects of franchising (have onwed one and been a franchisor), along with an MBA business background. He brings a multi-faceted approach to the game that is nonpareil! Kevin, keep up the good work.
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Posted by Phillip | January 10, 2013
Mr. Franchise definitely knows franchising
I'm so glad I hired you. Although I'd paid another so-called franchise attorney, she didn't have an MBA nor did she ever own a franchise before. Without these critical perspectives, all I got was "let's try to negotiate the notice period from 20 days to 30 days," etc. - just a bunch of legal technicalities. No evaluation or review of business, financial and other much bigger-picture issues, like you did in detail, which literally means the difference between success and making just minimum wage, or even failure. Now I know why you're called Mr. Franchise.
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Posted by Ralph | November 29, 2012
Fantastic insight with a fully detailed report
I was going to go into one of two different franchises and I was planning on choosing the one with the better franchise model. Both of them had very similar models, and both of them had MANY red flags--many of which I would have never thought about! Kevin did a fantastic job reviewing the lengthy FDD statements, showing me that anyone with half a brain could do it themselves. After reading his assessment, it's a no-brainer. He's inspired me to go ahead and start my own business and become a competitor instead of being tied down to a 10 year "franchise jail".
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Posted by anonymous | August 31, 2012
FDD review
I used Mr. Murphy this month and glad I did. I received a detailed report which opened my eyes. Thanks
Posted by David | June 19, 2012
Franchising Our Business - Two Thumbs Up, Way Up
We actually started with another franchise attorney. After engaging him we were told "you need to also hire a franchise consultant." Not good news, but we did (why don't they tell you this BEFORE you retain them?). About a month or so into the process, things were not going well - a lot of conflicting advice, like "that's a legal question, ask your franchise attorney," and the attorney says "that's a great question to ask your franchise consultant." Thing was, it was the same question we asked and they both pointed at each other. That's when my wife stumbled on an article written by Mr. Franchise and we found the Franchise Foundations website, with tons of info and a realistic budget for franchising a business, all there in black and white. An amount, by the way, that was far less than the total we were supposed to pay the other two. Fortunately, I'd negotiated an "out" clause in both contracts. Going with Mr. Murphy was a Godsend. He knows tons more than the other two combined and for good reason: besides being a veteran 30-year franchise attorney and testifying franchise expert, with an MBA, he's also owned and operated a successful franchise. And it showed, from our very first strategic planning session - which were done online every week. At the end of his process, we had a plan to move things forward, a solid FDD with a fair and relatively (compare to others in our industry) short contract, and a professional, 100% custom operations manual that still get rave reviews from our franchise owners. And that's another critical difference with Mr. Franchise - he offers optional management training in how to sell franchises and run the new franchise company. As he told us, everyone else gives you an invoice, an FDD and a handshake before they continue on to the next client. Believe me, if we didn't take his training, we wouldn't have sold the number of franchises we have so far. Probably wouldn't have sold any. And we've got great systems in place not only for franchise marketing, but also for running the other divisions of the franchise company. I remember saying to my wife after his first workshop "Wow, I would have never thought of doing it that way." Definitely take his optional training, and you get a good break if that's selected as part of his fixed price package. Otherwise you pay more.
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Posted by Patrick | February 13, 2012
For Franchising a Business, Look no Further
Mr. Murphy (aka Mr. Franchise) helped us franchise our business. We interviewed over a dozen franchise attorneys and franchise consulting groups. With his MBA and being a former franchise owner and testifying franchise expert, he caught our attention. Hiring his firm proved to be the right decision. He returns phone calls and emails promptly (usually same day), and completed our project a bit early and within the budget. Great business AND legal sense. His management training in how to run a franchise company is phenomenal. It helped us sell our initial franchises, doing it in-house and per our marketing plan timeline without making mistakes we would have otherwise. Selling a franchise is not that difficult; selling to someone who will follow your system and be a good operator is something else again. He also helped us produce a custom operations manual that our franchise owners admire (and recommend). If you're thinking of franchising a business, look no further.
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Posted by Ben | December 29, 2011
A Super Franchise Attorney
Mr. Murphy, also known as Mr. Franchise in the industry, helped me and the other franchisees in our network negotiate a walk-away from our franchise contracts. He found all kinds of things that were not disclosed in our FDD's as well as other legal mis-steps taken by the franchisor after we signed up. As he told our group "I put these things together, I definitely know how to take them apart." Highly recommend.
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Posted by Albert | November 26, 2010
A franchise attorney who knows his stuff
Helped me get out of a very bad franchise. It was the worst nightmare of our life and Mr. Murphy completely turned the table around. Other attorneys told us we didn't have a case. Glad we found him.
Posted by anonymous | January 10, 2009
Professional and Practical
We used Mr. Murphy's firm to franchise our business. His advice and services were excellent and done on-time. Working with a franchise attorney who has an MBA was a real plus for us. He understood the business as well as the legal aspects of franchising. That saved us a lot of money by not having to hire a franchise consultant for this aspect. His training of our management team as we entered the franchise industry was very helpful.
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Posted by anonymous | December 4, 2008
Client Review
Retained Mr. Murphy to review our company's planned expansion using a licensing vs. franchising model. He explained the differences and pitfalls of the license vs. franchise approach and put us back on the right path. Very straightforward, responsive and knowledgeable - he's a true expert in this area.
Posted by anonymous | November 19, 2008
Client Review
Helped me review a franchise I was seriously considering - I'd even booked travel to attend the franchise training program. Mr. Murphy saved me (and my family) from making a $500,000 mistake. Looking back, the red flags he found were all there - just hard to discover when the franchise company gets you all hyped up and excited. Plus the fine-print contract seemed standard and innocent enough - the franchise company told me I didn't even need an attorney to look it over. I'm so glad I found Franchise Foundations and Mr. Murphy - an extremely competent franchise attorney.
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Posted by anonymous | November 18, 2008
Client Review
Mr. Murphy, known in the industry as Mr. Franchise, consulted with a large franchisor I used to work for (Carl's Jr. - CKE), fine-tuned our franchise legal docs and manuals, trained our marketing and management teams, helped us set up various programs (including international), and gave us a lot of excellent ongoing advice. He promptly returns calls and emails. We really liked his business sense - a great addition to his franchise attorney legal skills, especially important in the franchise industry.
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Cost

Rates
  • Retainer Always
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 9.3 (Superb)

Work Experience

  • Director of Operations
  • Franchise Foundations, APC
  • 1983 - Present
  • Franchise Owner
  • Interior Door Replacement Company
  • 2002 - 2003
  • Franchise Attorney
  • Franchise Foundations
  • 1981 - 1983
  • Director of Legal Services
  • Expansion Systems Inc.
  • 1980 - 1981
  • Senior Franchise Counsel
  • On Line MicroCenters Inc.
  • 1980 - 1981
View all work experience

Education

  • San Francisco State University
  • MBA - Master of Business Administration
  • 1980
  • University of San Francisco School of Law
  • JD - Juris Doctor
  • 1979
  • University of San Francisco
  • BS - Bachelor of Science
  • 1974

Sample of Legal Cases

  • Andy Fong v. American Kickboxing Academy, Inc., Javier Mendez, Joanna Takacs
  • Arbitration award in favor of my client that the license agreement was an illegal franchise. Damages awarded against Respondents on all counts for a substantial amount.
  • Soldiers & Sailors Nutrition LLC v. In2It Franchising Inc., Carl Kosnar and Dennis Reider
  • Claimant awarded restitution damages, attorneys fees and costs totaling $140,829 and joint and several liability of all named individual Respondents - Carl Kosnar and Dennis Rieder. Increased to $153,361 due to collection efforts.
  • Triumphant Capital Group LLC et al vs. 3 Ct Enterprises Inc. et al
  • Sucessfully negotiated settlement in favor of my clients, the Plaintiffs, for $580,000 after the Complaint was filed in Alameda Superior Court
View all legal cases

Associations

  • State Bar of California
  • Approved MCLE Provider
  • 1993 - Present
  • State Bar of California
  • Member In Good Standing
  • 1979 - Present
  • University of San Francisco School of Business
  • Guest Lecturer Franchise Law
  • 2009 - 2013
  • Menlo College
  • Guest Lecturer
  • 1988 - 1989
  • DeAnza College
  • Guest Lecturer
  • 1987 - 1988
  • International Franchise Association
  • Guest Lecturer
  • 1982 - 1986
View all associations

Languages Spoken

  • English

Honors and Awards

  • San Francisco Award in the Business Support Service
  • United States Commerce Association
  • 2013
  • San Francisco Award in the Business Support Service
  • United States Commerce Association
  • 2012
  • San Francisco Award in the Business Support Service
  • United States Commerce Association
  • 2011
  • San Francisco Award in the Business Support Service
  • United States Commerce Association
  • 2010
  • San Francisco Award in the Business Support Service
  • United States Commerce Association
  • 2009
  • Premier U.S. Franchise Expert
  • Jordan Intellectual Property Association
  • 2008
  • Premier U.S. Franchise Law Expert
  • World Intellectual Property Organization (WIPO)
  • 2007
View all awards

Speaking Engagements

  • MCLE
  • Mediating Franchise Disputes Involving Item 19 Claims
  • 2016
  • MCLE
  • Personal Liability Under California's Franchise Investment Law
  • 2015
  • MCLE
  • California Franchise Applications
  • 2015
  • MCLE
  • Converting Disguised Licenses to Franchises
  • 2015
  • MCLE
  • Depositions in Franchise Litigation
  • 2015
  • MCLE
  • Representing International Clients in Domestic Franchise Arbitration
  • 2014
  • MCLE
  • Franchise Modifications in California
  • 2014
  • MCLE
  • Franchise Pitfalls - Item 19 FDD Disclosures
  • 2014
  • MCLE
  • Discovery in Franchise Litigation
  • 2014
  • MCLE
  • Negotiating Franchise Contracts in Small Networks
  • 2013
  • MCLE
  • Representing International Franchise Owners
  • 2013
  • MCLE
  • Franchise Initial Investment Disclosures - Item 7 Issues
  • 2012
  • MCLE
  • Franchise Mediation Techniques
  • 2012
  • World Franchising Conference
  • Disclosure Compliance in Franchising
  • 2011
  • World Franchising Conference
  • Franchise Sales Control
  • 2011
  • World Franchising Conference
  • Effective Franchise Marketing Techniques
  • 2011
  • Business Administration Conference
  • Buying and Selling A Franchise
  • 2011
  • Franchising 101
  • LIfe in the Franchise Lane
  • 2010
  • Business Administration Conference
  • Franchise Litigation and Dispute Resolution
  • 2010
  • Business Administration Conference
  • Franchising in the U.S.
  • 2010
  • MCLE
  • Avoiding Franchise Legal Pitfalls
  • 2008
  • MCLE
  • Converting UFOC to new FDD Format
  • 2008
  • MCLE
  • Drafting Franchise Disclosure Documents (FDD)
  • 2008
  • MCLE
  • The New FTC Franchise Rule
  • 2008
  • MCLE
  • Minimizing Risk In Franchise Operations Manuals
  • 2008
  • MCLE
  • Buying A Franchise
  • 2008
  • MCLE
  • How To Franchise A Business
  • 2008
  • MCLE
  • Franchising vs. Licensing
  • 2008
  • Jordan Intellectual Property Week
  • Franchising A Business
  • 2008
  • Singapore Regional IP Conference - Enhancing Competitiveness In The Franchising Sector
  • Developing Franchise Regulations Based On the U.S. Regulatory Model
  • 2007
View all speaking engagements

Attorney endorsements

Received (16)
Given (13)
Endorse Kevin
Franchising Attorney | Sep 04
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Franchising Attorney | May 30
Relationship: Fellow lawyer in community
"I endorse this lawyer. An extremely talented and well respected attorney in the legal community."
Franchising Attorney | Jul 20
Relationship: Fellow lawyer in community
"Kevin and I both practice California Franchise law, so my review of a "competitor" is highly given. Kevin is extremely knowledgeable in all aspects of franchising and franchise law. He has extensive experience and will provide you the highest level of representation on any franchising issue."
Franchising Attorney | Jan 26
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Franchising Attorney | Jan 06
Relationship: Other
"I endorse this lawyer. His reputation as a franchise attorney and expertise in franchisng law is very impressive. His practical and in-depth advice on franching law and franchising business from his real-life experience as a former franchise owner with an MBA and unique qualifications few others can match is of tremendous value to clients. I would recommend his service."
Franchising Attorney | Dec 15
Relationship: Other
"I endorse this lawyer."
Franchising Attorney | Nov 19
Relationship: Fellow lawyer in community
"I endorse this lawyer. His willingness to contribute to the AVVO community along with the substance of those contributions displays an attorney that is ready, willing and able to zealously advocate for his clients. I wouldn't think twice about referring a potential client to Mr. Murphy."
Unknown Attorney | Feb 08
Relationship: Fellow lawyer in community
"Top-notch attorney. Highly respected in the legal community."
Franchising Attorney | Jan 01
Relationship: Fellow lawyer in community
"Mr. Murphy has made a subtantial number of contributions on avvo.com. I have read several of his contributions and have found them to be thoughtful, informative and practical. I endorse this lawyer's work."
Unknown Attorney | Dec 17
Relationship: Fellow lawyer in community
"I endorse this lawyer. Attorney Murphy is an outstanding attorney with an exceptional reputation. He is a strong and zealous advocate for his clients in need of franchise law services and a true credit to the legal profession."
Franchising Attorney | Apr 09
Relationship: Worked together on matter
"I endorse this lawyer. I have known Kevin for over 30 years. He has been a franchisee, a franchise professor, a franchise expert, and a pleasure to work with for a generation and a half. I strongly recommend him as an expert and co-counsel regarding any franchise related matter. Kudos to Kevin!!!"
Franchising Attorney | Jan 14
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Franchising Attorney | Nov 15
Relationship: Worked together on matter
"I endorse this lawyer's work. I have used him as a business expert. Excellent ideas, excellent work and a great expert."
Franchising Attorney | Nov 13
Relationship: Worked together on matter
"Excellent as a lawyer and as an MBA for his expert witness work. Honest, ethical and hardworking. I unqualifiedly endorse this lawyer's work."
Business Attorney | Mar 24
Relationship: Fellow lawyer in community
"Very knowledgeable and diligent in his approach to franchising issues. Excellent knowledge of the interplay of legal and marketing issues. A true expert in his field."
Franchising Attorney | Jan 10
Relationship: Fellow lawyer in community
"I endorse this lawyer's work. Kevin Murphy is a well known franchise lawyer who is skilled enough in this area, that he teaches other lawyers franchise law in Continuing Legal Education Classes. He's a published legal author in his field and has given many speaking engagements. Persons seeking franchise expertise should have no hesitation in seeking him out."
View more endorsements
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