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
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46 years
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Chat withState: California
Acquired: 1979
No misconduct found
4157 23rd Street, San Francisco, CA, 94114
16 Client Reviews
Showing 11 - 13 of 13 reviews | Practice Area Knowledge
Posted by anonymous | December 04, 2008 | Franchising
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 are...
Posted by anonymous | November 20, 2008 | Franchising
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 y...
Posted by anonymous | November 19, 2008 | Franchising
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 e...
"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."
"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."
"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."
"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."
"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."
"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!!!"
"I endorse this lawyer's work. I have used him as a business expert. Excellent ideas, excellent work and a great expert."
"Excellent as a lawyer and as an MBA for his expert witness work. Honest, ethical and hardworking. I unqualifiedly endorse this lawyer's work."
"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."
"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."
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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
San Francisco Award in the Business Support Service, United States Commerce Association
2008
Premier U.S. Franchise Expert, Jordan Intellectual Property Association
2007
Premier U.S. Franchise Law Expert, World Intellectual Property Organization (WIPO)
1983 - Present
Director of Operations, Franchise Foundations, APC
2002 - 2003
Franchise Owner, Interior Door Replacement Company
1981 - 1983
Franchise Attorney, Franchise Foundations
1980 - 1981
Director of Legal Services, Expansion Systems Inc.
1980 - 1981
Senior Franchise Counsel, On Line MicroCenters Inc.
1993 - Present
State Bar of CaliforniaApproved MCLE Provider
1979 - Present
State Bar of CaliforniaMember In Good Standing
2009 - 2013
University of San Francisco School of BusinessGuest Lecturer Franchise Law
1988 - 1989
Menlo CollegeGuest Lecturer
1987 - 1988
DeAnza CollegeGuest Lecturer
1982 - 1986
International Franchise AssociationGuest Lecturer
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.
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.
Sucessfully negotiated settlement in favor of my clients, the Plaintiffs, for $580,000 after the Complaint was filed in Alameda Superior Court
Landmark case - franchise arbitration clause invalidated
1980
MBA - Master of Business Administration
1979
JD - Juris Doctor
1974
BS - Bachelor of Science
2016
Mediating Franchise Disputes Involving Item 19 Claims
2015
Personal Liability Under California's Franchise Investment Law
2015
California Franchise Applications
2015
Converting Disguised Licenses to Franchises
2015
Depositions in Franchise Litigation
2014
Representing International Clients in Domestic Franchise Arbitration
2014
Franchise Modifications in California
2014
Franchise Pitfalls - Item 19 FDD Disclosures
2014
Discovery in Franchise Litigation
2013
Negotiating Franchise Contracts in Small Networks
2013
Representing International Franchise Owners
2012
Franchise Initial Investment Disclosures - Item 7 Issues
2012
Franchise Mediation Techniques
2011
Disclosure Compliance in Franchising
2011
Franchise Sales Control
2011
Effective Franchise Marketing Techniques
2011
Buying and Selling A Franchise
2010
LIfe in the Franchise Lane
2010
Franchise Litigation and Dispute Resolution
2010
Franchising in the U.S.
2008
Avoiding Franchise Legal Pitfalls
2008
Converting UFOC to new FDD Format
2008
Drafting Franchise Disclosure Documents (FDD)
2008
The New FTC Franchise Rule
2008
Minimizing Risk In Franchise Operations Manuals
2008
Buying A Franchise
2008
How To Franchise A Business
2008
Franchising vs. Licensing
2008
Franchising A Business
2007
Developing Franchise Regulations Based On the U.S. Regulatory Model
2010
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2002
English
Legal Answers
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15 Jul 2015
Buying a Franchise From a New Franchise Company
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Negotiating And Buying A Franchise
22 Nov 2010