Charles Modell

Franchise Relationships

Specialties & Experience of this Expert Witness

Additional Information

Franchise attorney for over 45 years, primarily representing franchisors, but I have occasionally represented large franchisees, including a private equity franchisee. Began in franchising as a manager of a Burger King restaurant in college. Graduated law school with high honors in 1977 and gravitated to franchise law in 1978. My franchise clients ranged from start-ups to large international companies with thousands of franchisees. My work includes advising clients on whether the franchise model is appropriate for them, preparing franchise disclosure documents and franchise and other agreements related to the franchise relationship, addressing disputes with franchisees and mergers and acquisitions. I advise clients on all aspects of franchising, including the sale of franchises, enforcement of brand standards, protection of trademarks and other intellectual property, termination and non-renewal of franchises, enforcement of non-compete agreements, resolution of franchise disputes, the purchase and sale of franchise companies, and financial matters. I have served on the Board of Advisors of a major franchise real estate company, and typically have clients look to me as much for business advice as for legal advice based on my extensive experience in franchising. I have authored more than 90 articles on franchising, including both business and legal articles, and have presented franchise programs to a large variety of groups, including businesses, sessions of the International Franchise Association, the American Bar Association Forum on Franchising, state and federal franchise regulators, and universities. As a young lawyer practicing in this area when federal legislation was first considered, I spent significant time reading the Congressional Record of the hearings that addressed the relationship between franchisors and franchisees and the passage of the Federal Trade Commission Rule on Franchising and issuance of the Statement of Basis and Purpose and Interpretive Guide (now "Compliance Guide") for that regulation, and I attended the first public hearing that was considering amendments to the Rule. For 11 years, I served on the Industry Advisory Committee to the North American Securities Administrators Association ("NASAA") Franchise Project Group, which worked with franchise regulators in writing commentaries and policy statements interpreting and supplementing state and federal franchise disclosure laws. In that role, I had an active hand in writing the Commentaries on Multi-Unit Franchise Disclosure and Financial Performance Representations, and NASAA cover page. I also helped train state franchise regulators at NASAA meetings on various disclosure requirements under state and federal law. I am currently an Emeritus Member of that committee. I am a past member of the Supplier Forum and Franchise Relations Committee of the International Franchise Association and was the second practicing attorney to receive their designation of Certified Franchise Executive. I am also a past member of the Governing Committee of the American Bar Association Forum on Franchising. In 2017, I received the Lewis Rudnick Award for lifetime achievement within the ABA Franchise Forum, an award held by fewer than 5 lawyers practicing franchise law today. For more than 20 years, I have been named regularly as a top lawyer in franchising and am one of only three "Senior Statespeople" in franchising, the highest category in the Chambers franchise listing. Industry experience includes fitness, restaurants, hotels, campgrounds, retail, and service, among others.