3 Questions With Brian Schnell

Brian Schnell, Partner at Faegre & Benson, LLP

Brian Schnell focuses his practice in franchising and product distribution law. He is a leader of the Faegre & Benson Franchise Team, a premier international franchise practice representing more than 200 franchisors with headquarters based in 35 states and seven countries.

Based at Faegre's HQ in Minneapolis, MN, Brian counsels both emerging and mature franchisors in a variety of industries with regard to all aspects of their franchise programs. He is the lead corporate franchise lawyer for more than 80 franchisors, ranging from companies with thousands of locations worldwide to companies who are in the initial stages of building their franchise systems. These clients operate in dozens of industries including restaurants and related food businesses, hotel, health and fitness, media, automotive aftermarket, pets, convenience stores, children's, and many commercial and residential service and retail segments.

Brian is a past chair of the International Franchise Association (IFA) Supplier Forum and a member of its Legal/Legislative, Awards and Membership committees. He also serves on the board of trustees for the IFA Educational Foundation and the Franchise Advisory Board for WomenVenture. He is a frequent and well-regarded speaker and author on franchising. The first male to receive the IFA Women's Franchise Committee Crystal Compass, Brian was distinguished for this honor in 2009 based on his leadership in franchising. He also is one of only eighteen franchise lawyers recognized worldwide by Chambers Global.

What can guests expect at this year’s Faegre Franchise Summit?
As delivered at past Summits, our Summit guests can expect lively and robust discussion on financial, social media and leadership topics. Our Summit speakers are all industry leaders who will facilitate a passionate discussion on best practices that will make an absolute difference to franchisors and franchise systems.

What are the hot legal topics in franchising this year and what do you foresee coming in 2010?
Candidly, there is not much new on traditional legal topics other than perhaps how franchisors should legally address social media and its utilization in their franchise systems. The hot topics exist on the legislative front with what is happening on Capitol Hill regarding financing availability for small businesses, health care, employee free choice act and other critical small business issues. If there ever was a time for franchisors and franchisees to attend IFA's Public Affairs Conference and reach out to their legislators, September 2009 is that time. In addition, a number of states are increasing their efforts on the tax front in order to help state budget shortfalls. 2010 will be an interesting year on the legal front, as much of what happens next year will depend on how franchisors and franchisees resolve their differences in these economic times. Franchisees and franchisors will struggle and some will fail. If the parties resort to courts and arbitration to resolve problems in confrontational and expensive proceedings, we will see new law (not necessarily good law) that will impact the future of franchising.

When do you foresee an improvement in our economic climate?
We are beginning to see early recovery signs now, but it likely will be the first quarter 2010 before the recovery really catches stride. In that regard, it is critical for franchisors to continue to act now in order to assist franchisees to get through this tough period and understand changes in consumer buying patterns and then be poised to take advantage of market share opportunities.

BONUS: What is your favorite restaurant in Minneapolis and why should people try it?
Manny's (http://www.mannyssteakhouse.com/ 821 Marquette Ave; Minneapolis, MN 55402; (612) 215-3700) There is nothing better than a great steak coupled with a fantastic bottle of wine.

Three Questions, interviews conducted by Stan Friedman, President and Co-Founder of RetroTax, appears twice a month exclusively at http://www.retrofacts.blogspot.com/.

Franchise Industry Shows Cautious Optimism at West Coast Franchise Expo

This past week, Nov. 7-9, I traveled cross -country to speak at the annual West Coast Franchise Expo in Los Angeles. Some might suggest that it was less than a perfect time for the Expo, given the state of the economy, its impact on franchising and how the recent elections will impact both.

Everyone I spoke to though, seemed to express a similar sentiment – cautious optimism. Certainly, everyone is concerned about the state of the economy, but no one was willing to concede defeat or believe that the economic meltdown would defeat our (franchising’s) ability to continue to thrive as a business model. Nobody was going negative.

On the surface, some suggested that foot traffic was lighter than years past, but most franchisors that I spoke with were extremely pleased by the steady stream of quality of prospects that they saw. If traffic was lighter, it could easily be attributed to the state of the States. My belief is that the "perfect storm" of sub prime and what it did to tighten credit, coupled with the downturn in the economy and melt-down on Wall Street is the only reason why franchising's gotten caught up in the storm. Once credit issues loosen up though, even in a recessionary market, we should see franchising pick up steam again. The few franchisees I got to speak with were on par with franchisors in that they seemed upbeat and optimistic that today's economic troubles would not prevail.

The one thing I saw universally from franchisors, franchisees and suppliers was the absolute unwillingness to fold the tent and quit. That’s a testament to the backbone of those who live and breathe the American dream. I fully expect similar views and responses at upcoming franchise industry events. Just around the corner, I will be attending the Franchise Expo South in Florida, (Jan. 11-13), which will be my last opportunity to get a collective gut check from my peers, prior to the IFA convention in February.

One last word about the West Coast Franchise Expo... From top to bottom, Tom Portesy, president of MFV, continues to foster a great culture of professionals. Rich Del Giorno, Steve Gross, Joel Goldstein, Scott Burford, Fabio “Skinny” Scocimara (holy smokes how much weight has HE lost) and the rest of the MFV team have become like family to me. I look forward to seeing them as much as anyone else, when I attend these shows.