Expertise:  Franchise attorney and franchise expert with an MBA and 28 years of franchise industry experience answers all business format franchise questions, issues about ongoing franchise relationships, buying a franchise, evaluating franchise investments, how to franchise and franchising a business, franchising vs. licensing (franchise vs. license), franchise disputes, franchise expert advice in franchise lawsuits and franchise litigation, franchise agreements, franchise disclosure documents and intellectual property. I don't answer questions about franchises in the automotive and petroleum industries. I have drafted, reviewed and negotiated over 500 franchise disclosure documents, advised hundreds of franchise buyers as well as started and operated a franchise from scratch - a background not duplicated by any other franchise expert. My in-the-trenches franchise ownership and resale experiences gave me valuable insights to share with franchise buyers and existing franchise companies.

Franchise Attorney and Franchise Expert Experience
Kevin B. Murphy, B.S., M.B.A., J.D., franchise attorney, franchise expert, author, and franchise instructor, based in San Francisco and known in the industry as Mr. Franchise, has specialized exclusively in franchising and the franchise industry for twenty-eight years. During this time, he has drafted, reviewed and negotiated over 500 franchise disclosure documents and completed projects for firms that franchise a business for the first time as well as helping firms prosper in the franchise industry. Mr. Franchise has also worked with a large number of established and embryonic franchise companies, training their management and marketing personnel, as well as reviewing, editing and fine-tuning their legal documents, franchise operations manuals, marketing and training materials. In 2002-2003, he owned, operated and subsequently sold a very successful franchise in the home improvement industry. Mr. Franchise has testified and rendered opinions as a franchise expert on many occasions, including franchise litigation & arbitration matters, on numerous franchise, franchise vs. licensing (franchise vs. license) and intellectual property issues. He also teaches franchise law courses to attorneys. Since 1993 he has been an approved provider of Minimum Continuing Legal Education (MCLE) by the State Bar of California. His franchise MCLE courses cover topics like: franchising vs. licensing, how to franchise a business, franchise development, evaluating franchise investments and franchise disclosure documents, buying a franchise, planning a franchise exit strategy and more.

Franchise Books and Publications
Author of over 40 franchise articles, including four books on franchising and one book on trade secrets.

Avoiding Legal Pitfalls In Franchise Marketing
1983-2006, Franchise Foundations Press

Franchise Sales Control
1983-2006, Franchise Foundations Press

Effective Franchise Marketing
1983-2006, Franchise Foundations Press

Implementing A Franchise Disclosure Compliance Program
1983-2006, Franchise Foundations Press

Protecting Trade Secrets
1984-2002, Franchise Foundations Press

Also authored foreword and edited various chapters of the following book:

The Franchise Handbook: A Complete Guide to All Aspects of Buying, Selling or Investing in a Franchise
2006, Atlantic Publishing Company


Education/Credentials

B.S. Business Administration (Finance), University of San Francisco, 1974

Juris Doctorate (J.D.) of Law, University of San Francisco School of Law, 1979

Active member of the State Bar of California, 1979 to present

Master of Business Administration (M.B.A.) - International Business, San Francisco State University, 1980

Approved Provider of MCLE by the State Bar of California, 1993 to present
Teaching franchise, licensing and intellectual property courses to attorneys

Awards and Honors
Selected as the premier U.S. franchise expert by the World Intellectual Property Organization (WIPO), an agency of the United Nations, in Geneva, Switzerland to speak at Singapore’s World Conference about franchising in Asian countries and developing uniform franchise regulations based on the U.S. franchise laws and regulatory model, September 18-21, 2007, hosted jointly by WIPO and the Intellectual Property Office of Singapore (IPOS).

Snapshot of Recent Franchise Expert Litigation Cases:

Nagrampa v. MailCoups Inc. and The American Arbitration Association - United States Court of Appeals for the Ninth Circuit (Argued and Submitted En Banc). Summary: provided franchise expert strategy and consulting in a case that established new franchise law by invalidating the standard arbitration provision in a California franchise agreement on the grounds it was unconscionable.

Swansons Cleaners, et al. (Superior Court jury trial). Summary: provided franchise expert consulting that re-focused the legal issues and discovered new causes of action. Testified at deposition and trial for a franchisee in its claims against the franchise company. Result: jury verdict in favor of the franchisee for $1.6 million in punitive damages and $634,000 in contract, etc. damages.

For more information, visit the Franchise Foundations website here