About > AllExperts  
Search for
  Main Menu Ask a Question Browse Past Answers Meet Top Experts Be an Expert Login (Experts Only)
About Us  ·  FAQ  ·  Tell Friends About Us  ·  Link To Us  ·  Free Encyclopedia  ·  Disclaimer  ·  Tech Support   
  You are here:  AllExperts > Business > Small Business: Canada > Franchising

Expert Profile: Franchise Attorney Franchise Expert MBA - Kevin B. Murphy - Mr. Franchise & Former Franchise Owner

Expertise:  Franchise Attorney, MBA Franchise Expert, author and instructor with 29 years of franchise industry experience, including ownership of a successful franchise. I answer all business format franchise questions, how to franchise a business, issues about ongoing franchise relationships, buying a franchise, evaluating franchise investments, franchising vs. licensing (franchise vs. license), franchise disputes, franchise operations manuals, franchise expert advice in franchise lawsuits and franchise litigation, franchise agreements, franchise disclosure documents FDD 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 and franchise companies 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 potential franchise buyers and existing as well as emerging franchise companies.

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, 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

Ask a Question       View Past Answers       View Ratings            
Average Ratings
Prestige Points: 940
Knowledge   9.88   Best of the best
Clarity of Response   9.88   Best of the best
Timeliness   9.92   Best of the best
Politeness   10.0   Best of the best
Number Of Questions Today
(GMT time)
0
Max Questions to be Asked
(Per Day, in GMT time)
4
Total Questions
(since joining AllExperts)
57
Recent Reviews from Users
KnowlClarityTimePolitenessDate
1010101006/22/09
1010101005/05/09
1010101003/21/09
1010101003/04/09
1010101002/15/09
User Comments
Thank you so much. You were very helpful!
(Kat on 06/22/09)
Mr. Murphy was very informative and helpful. The timeliness of his response was terrific. Great service!
(Mark on 05/05/09)
We cannot thank Mr. Murphy enough for his timely and thorough advice. Me and my husband will be reaching out to him directly. Thank Mr. Murphy and t
(Terry on 03/21/09)
I can see why they call you Mr. Franchise - thanks a lot.
(Jeff on 03/04/09)
View All Comments
Ask a Question       View Past Answers       View Ratings            

Recent Answers from Franchise Attorney Franchise Expert MBA - Kevin B
2009-06-30  Purchasing a second franchise I've seen this mistake time and again - committing to multiple locations (and paying for them) before seeing if the first one ever pans out. To answer your refund question. It all depends on the terms...
2009-06-17  Disguised franchises - Mr. Franchise Weighs In The disguised franchise (also known as franchise vs. license in many cases) is an increasingly prevalent issue. In trying to franchise a business model, some companies attempt to skirt the franchise laws...
2009-05-20  Trademark Issue - Mr. Franchise Weighs In This is actually a trademark issue, not a franchise one. The answer depends on what trademark rights the business owner has to the mark Candy Bouquet. Unless she has (or is licensed by the franchise...
2009-05-15  To Franchise Or Not To Franchise - Mr. Franchise Weighs In Having knowledge about an industry and even a high level of interest in that industry or field does not necessarily mean you are a good franchise candidate for this industry or field. Although franchise...
2009-05-08  To Franchise Or Not To Franchise - Mr. Franchise Weighs In I need clarification on your question. Are you thinking of buying a franchise from another company or starting a company that sells franchises based on your knowledge? Buying a franchise vs. franchising...
More Answers for "Franchising"


Advertise on This Site | User Agreement | Privacy Policy | Kids' Privacy Policy
Copyright  © 2008 All rights reserved. AllExperts is a property of About, Inc.
The About logo, About and About.com are registered trademarks of About, Inc.