How to co-ordinate legal services for an international franchise system 13 june 2009

1. How to co-ordinate legal services for an international franchise system 13 june 2009

2. How to co-ordinate legal services for an international franchise system

3. Franchise with national network Looks personally for lawyers in foreign countries In house lawyer Looks for an Int’l Law firm with a good network Its own network Law Firm Looks for the best franchise lawyer in each jurisdiction

4. Criteria used by foreign lawyers to choose local legal advice • Previus Good Experience • Recommendations from other lawyers within the firm • Personal impression • Recommendations from • Other : Associations, publications, networks Other laws firms Foreign lawyers

5. Quality of Advice • Previus Good Experience Timeliness of the Response • Fees Charged • “ many law firms-lawyers fulfil two but not three requirements”

6. How well reasoned • How practical • Quality of advice Limited to the specific questions • asked • for new issues : wait for instructions

7. Registration in Franchisors’Registry • Fees Charged Disclosure Document • Adaptation of Franchise Agreement • License Agreement • General Sale Conditions • Asking for a budget: Should not incur in any fee.

8. Fees Charged :

9. Fees Charged :

10. The client wants to have several offers • Sometimes • We are not sure who could be the best lawyer • Ask some questions of at least three lawyers : • Explain the background and ask : • If you are prepared to deal with the matter theoretical • Several questions on the subject practical easy difficult • Time • Fees

11. Looking for a Franchise Lawyer • International Associations : IBA, VIA, AIJA, ABA, IFLA, …. • Private Networks • Specialised Directories : Martindale’s, Chambers. • Internet Networks : Linkedln, Xing

12. Specializations / Knowledge needed for dealing with franchise matters • Franchise regulation issues and commercial agreements • Previous tax advice • Corporate issues • IP issues • Commercial property • E-Commerce and Data Protection • Competition • Litigation

13. Own businesses franchisees • Two tipes of international • development • Only one or more master franchisees.

14. The Franchisor should appoint the supervision / coordination team • In house lawyer. • International Development Manager/ • Manager for that country • Financial Controller. • Construction Manager. • Publicity Team. • To // Copy • e-mail communications Subject • Highlight instructions clearly Local Lawyer

15. Intenational Development Manager/ • Manager for that country • Lawyer • Publicity • Data Protection • Franchisee Environmental • Tax • Other regulatory issues Franchisee

16. Original Documents (e.g. contracts, deeds) • Who should keep them ? • Franchisor • Should keep • Local Lawyer • Non management staff • Should not keep • Franchisee • A “soft file” (scanned documents) is easy to create manage, keep updated and is safe.

17. Appointment of in house local lawyer When? • Number of franchisees. • Number of own businesses. • Type of issues to deal with (normally litigation is dealt with law firms) • Establishment of reporting guidelines; annual meetings of local in house lawyers; training, etc.

18. Datos de contacto Mercedes Clavell mclavell@jausaslegal.com Barcelona Passeig de Gràcia 103 08008 Barcelona Tel. +34 93 415 00 88 Fax +34 93 415 20 51 Madrid Paseo de la Castellana 60 28046 Madrid Tel. +34 91 575 70 53 Fax +34 91 781 08 41 www.jausaslegal.com