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David W. Oppenheim concentrates his practice primarily in the franchise, distribution and licensing areas. He advises emerging and mature companies with respect to planning, structuring and implementing national and international franchise, distribution and licensing programs; including drafting franchise agreements, ancillary agreements and franchise disclosure documents; securing registration of franchise offerings in the U.S. and abroad; and, the implementation of compliance programs and system-wide standards. Mr. Oppenheim also specializes in mergers and acquisitions and sophisticated financing transactions, including securitizations of a franchisor's royalty stream. Mr. Oppenheim also advises franchise clients regarding complex franchise relationship issues and disputes and he represents clients in arbitration, mediation and litigation involving franchise, trademark, contract and commercial disputes.
Mr. Oppenheim is a frequent author and speaker on topics relating to franchising and distribution systems. He is co-author of the Franchise Practice Commentary appearing in McKinney's New York Statutes. Mr. Oppenheim also co-authored the CCH Business Franchise Guide's seminal analysis of the revised FTC Franchise Rule entitled FTC Disclosure Rules for Franchising and Business Opportunities, Highlights and Analysis (CCH January 2007) and the International Franchise Association's franchise law compliance manual entitled An Introduction to the Law of Franchising (2008).
PUBLICATIONS AND SEMINARS
Co-Author - "Practice Commentary, McKinney's New York Statutes," Article 33 of the General Business Law of New York ("Franchises")
Co-Author and Presenter - You Don't Want To Be a Franchise? Structuring Business Systems Not to Qualify as a Franchise, American Bar Association Forum on Franchising, 2011 Annual Forum, Baltimore, Maryland, October 2011
Co-Presenter - Intro to the Law of Franchising, New York State Bar Association, Business Law Section 2011 Fall Meeting, Cooperstown, New York, September 2011
Co-Presenter - Fundamentals of Franchising, American Bar Association Forum on Franchising, New York, New York, June 2010
Presenter, Overview of Franchise, Licensing and Distribution Law, New York City Bar Association - Bridge the Gap Program, New York City, March 2010
Moderator, Franchise Registration Laws, International Franchise Association 2010, Legal Symposium, Washington, D.C., May 2010
Co-Author and Presenter, Operating Manuals - The Devil is in the Details, American Bar Association Forum on Franchising, 2008 Annual Forum, Austin, TX, October 2008
Columnist: U.S. Report, International Journal of Franchising Law, June 2008-Present
Co-Author and Presenter: Basics Track - Disclosure Under the Revised FTC Franchise Rule and State Franchise Disclosure Laws, International Franchise Association 2008, Legal Symposium, Washington, D.C., May 2008
Co-Author: Franchise Securitization Financings, Franchise Law Journal, Spring 2008
Co-Presenter: Franchise Law in New York, New York State Bar Association, February 2008
Co-Author: An Introduction to the Law of Franchising, International Franchise Association, 2008
Program Chair and Presenter: Franchise, Distribution & Licensing Law From A To Z (Aamco to Zaxsby's), New York City Bar Association, December 2007
Co-Author: FTC Disclosure Rules for Franchising and Business Opportunities, Highlights and Analysis, CCH, January 2007
Co-Author and Presenter, Transforming and Modifying the Mature Franchise System, American Bar Association Forum on Franchising, 2006 Annual Forum, Boston, MA, October 2006
Co-Author and Presenter: FTC Rule Revisions and Guideline Changes, International Franchise Association, 2006 Legal Symposium, Washington, D.C., May 2006
Author: New York Court of Appeals Clarifies Tortious Interference Law, International Journal of Franchising Law, Volume 3, Issue 1, 2005
Co-Author: Selected Business and Legal Issues in the Acquisition of Franchisors or Franchisees, Franchise Law Journal, Winter 2004
Co-Author: The Unchartered Boundary Between Fair Competition and Tortious Conduct, Franchise Law Journal, Winter 2003
Co-Author and Presenter, Fahrenheit 451: Hot Topics in Ethics and Professional Responsibility, American Bar Association Forum on Franchising, 2003 Annual Forum, Hollywood, FL, October 2003
Columnist: Franchising Court Watch, LJN's Franchising Business and Law Alert, 2002-2005
PROFESSIONAL ACHIEVEMENTS
Included in Best Lawyers in America - Franchise Law Section (2009, 2010, 2011, 2012) and International Who's Who of Franchise Lawyers (2011 and 2012)
Named Franchise Times Legal Eagle - 2006, 2007, 2008, 2009, 2010 and 2011
Selected as a member of the International Franchise Association's Legal Symposium Task Force (2005-2007, 2009-2011)
Featured in June 2001 Franchise Times Magazine in a profile entitled Hot Shot Franchise Lawyers Under 40ROFESSIONAL ASSOCIATIONS AND MEMBERSHIPSAmerican Bar Association (Forum on Franchising)
International Franchise Association
New York State Bar Association (Chair, Franchise Licensing & Distribution Law Committee) (Business Law Section Executive Committee January 2009 - present)
New York City Bar Association
EDUCATION
Widener University School of Law, Wilmington, Delaware (J.D. 1994)
University of Michigan, Ann Arbor, Michigan, (B.A. 1991)
BAR ADMISSIONS
Federal and state courts of New York, New Jersey and Pennsylvania
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