2018 Conference Program - Workshop 8


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In order to properly and successfully enter a vast and complicated market like the United States, you need to develop a Business Plan, which will address topics such as: What region(s) will you initially target and why? What is a profile of your typical franchisee and a typical consumer? What structures (master, multi-unit, single-unit, hybrids, joint ventures, etc.) will you pursue as a legal and strategic means for entering the U.S. market and why? Have you sufficiently evaluated the alternatives? This workshop will explore these business planning topics, featuring a panel of franchising experts, professionals and executives of overseas franchisors who have successfully developed franchising programs in the United States. Our focus will be on pragmatic and truly useful information with an emphasis on war stories and case studies.

All course materials are presented in English only. All attendees receive admission to the exhibits on all three days.


Thursday, May 31, 2018
2:00 PM - 5:00 PM


Advance: $200 includes exhibit hall admission and seminars
On-Site: $250 includes exhibit hall admission and seminars

CFE Accreditation

Individuals enrolled in the Certified Franchise Executives program will earn 100 education credits towards completion or recertification of the Certified Franchise Executive (CFE) designation by attending Strategies for Penetrating the U.S. Market. For more information about the Certified Franchise Executives program, please call or email Rose DuPont (202-662-0771 -- rdupont@franchise.org) or visit www.franchise.org/certification.aspx.

Who Should Attend

Advisors, officers and directors of overseas companies interested in expanding their business into the United States.

This Workshop Will Look At

  1. Planning and Strategic Issues
    • Understanding your reasons for entering the U.S. Maket
    • Understanding regional trends and demographics within the U.S. market
    • Adapting your products and services to meet the needs of the U.S. market
    • Determining a profile of the targeted franchisee

  2. Legal Regulation and Structural Issues
    • Developing, understanding, and breaking some myths about the requirements of the FDD
    • Evaluating the advantages and disadvantages of each method/structure for entering the U.S. market:
      • Avoiding legal disputes in the United States and what to do about them when they cannot be avoided
      • Master franchising
      • Multi-unit area development
      • Area/regional/directors
      • U.S. single unit franchising
      • Joint venture
      • Mergers and acquisitions

  3. Financial and Budget Issues
    • Budgeting, business planning and capital formation issues
    • Alternatives for developing your franchising program in the U.S. market
    • Protecting your trademarks and intellectual property in the U.S. market
    • Non-traditional venues, sites and alternative distribution structures in the U.S. market
    • Developing an internal and external franchise management advisory team

Presented by: Andrew Sherman, Partner, Seyfarth Shaw LLP and John Skelton, Partner, Seyfarth Shaw LLP


Andrew Sherman is a Partner and Chair of the Washington, D.C. Corporate Department of Seyfarth Shaw LLP. He focuses his practice on issues affecting business growth for companies at all stages, including developing strategies for licensing and leveraging intellectual property and technology assets, intellectual asset management and harvesting, as well as international corporate transactional and franchising matters.

He has served as a legal and strategic advisor to dozens of Fortune 500 companies and hundreds of emerging growth companies. He has represented U.S. and international clients from early stage, rapidly growing start-ups, to closely held franchisors and middle market companies, to multibillion dollar international conglomerates. He also counsels on issues such as franchising, licensing, joint ventures, strategic alliances, capital formation, distribution channels, technology development, and mergers and acquisitions.

Mr. Sherman has written nearly 30 books on the legal and strategic aspects of business growth, franchising, capital formation, and the leveraging of intellectual property, most of which can be found on Amazon. He also has published many articles on similar topics and is a frequent keynote speaker at business conferences, seminars, and webinars. He has appeared as a guest commentator on CNN, NPR, and CBS News Radio, among others, and has been interviewed on legal topics by The Wall Street Journal, USA Today, Forbes, U.S. News & World Report, and other publications.

Mr. Sherman serves as an adjunct professor in the M.B.A. programs at the University of Maryland and as well as the law school at Georgetown University and is a multiple recipient of the University of Maryland at College Park's Krowe Excellence in Teaching Award.

James McGrath is a partner in the Litigation Department of Seyfarth Shaw LLP. He is an experienced trial lawyer, having tried cases, argued appeals and appeared before a variety of state and federal courts and administrative agencies throughout the United States.

Mr. McGrath's practice focuses on litigation and counseling related to franchise and distribution matters, antitrust and trade regulation issues, and complex commercial litigation. He represents clients in a variety of industries, including motor vehicle, transportation, manufacturing, financial services, retail and energy.

In the franchise and distribution area, Mr. McGrath represents numerous manufacturers, distributors and trade organizations on a wide variety of matters, many involving the motor vehicle industry. He has handled matters involving a variety of issues, including wrongful termination, unlawful discrimination, antitrust, improper allocation, and inadequate warranty reimbursement, brought as individual, mass, and class actions. He has obtained significant victories on issues of first impression before the Courts of Appeals for the First and Second Circuits. He also advises clients on various legislative matters affecting the motor vehicle industry. He has been named a Best Lawyer in America in the area of Franchise Law and was selected as the "Lawyer of the Year" for Franchise Law in Boston for 2015.

Over the past several years, Mr. McGrath has represented two major financial institutions in federal tax refund litigation concerning their entitlement to foreign tax credits generated in connection with a complex, cross-border financial transaction known as STARS. In energy-industry matters, Mr. McGrath has represented various companies in litigation, regulatory, and construction disputes.


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Non-US Franchisors: Entering the USA

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