David J Kaufmann

Practice Areas

David began his professional career as a franchise regulator - - David was Assistant and Special Deputy Attorney General of New York in which capacity he authored New York's franchise law (the New York Franchise Act), generally viewed as the toughest pro-franchisee disclosure law in the country. David also prosecuted franchise fraud both criminally and civilly (in one case securing the largest franchise restitution fund ever secured in New York, $15 million).

David is one of the founding partners of Kaufmann Gildin & Robbins LLP primarily representing franchisors and very large franchisees owned by private equity firms, requiring him to master not just the legal but the business complexities of clients in a vast number of different business sectors. Over the years, David and the firm have represented some of America's largest, most complex and certainly cleanest (from a regulatory perspective) franchisors, including: YUM! Brands, Inc. (Pizza Hut/KFC/Taco Bell/Habit Burger Grill); IHG Hotels and Resorts (Intercontinental Hotels/Crowne Plaza/Holiday Inn/Holiday Inn Express/Staybridge Suites/Kimpton Hotels and 8 other hotel networks); Abbey Road Studios, Hilton Worldwide; Arby's; Wendy's; 7-Eleven; Enterprise Holdings, Inc. (Enterprise/National/Alamo vehicle rental networks); Nest Seekers; Engel & Volkers; Weichert Realtors; OTG (one of the world's largest operators of airport-based restaurants and take-out facilities); Pearle Vision; Ripley's Attractions; Serta/Simmons; England’s Marks & Spencer; and, Wyndham Worldwide.

As well, David and the firm have served as franchise counsel for some of America's largest law firms, private equity firms and investment banks in a vast number complex transactions - - over $50 billion in acquisition activity and over $35 billion in franchise securitizations.

David has served as an expert witness on franchising in a number of different settings - - including serving as an expert witness for the Attorney General of New York and for some of our nation's foremost franchise law firms. Moreover, for decades David has served as an Advisor to the North American Securities Administrators’ Association (NASAA) Franchise Project Group, the quasigovernmental body of federal and state franchise regulators which coordinates and determines franchise regulatory policies and initiatives.

David appears in New York's statute book, McKinney s New York Statutes, as an expert on franchise law. He authors the New York Law Journal franchise column (and has done so for 28 years). David also served as principal author of An Introduction to the Law of Franchising, CCH’s FTC Disclosure Rules for Franchising – Highlights and Analysis and numerous treatises for the ABA Franchise Law Journal. David has been featured in Best Lawyers in America and Best Lawyers - New York City since the inception of those publications over two decades ago and Kaufmann Gildin & Robbins LLP has been listed in Best Lawyers in America as "Nationwide Tier One - - Franchising" for over a decade.

David has served as a member of the Governing Committee of the ABA Franchise Forum and is a past Chair of the New York Bar Association’s Franchising, Licensing and Distribution Committee.

In an article on franchising, The New York Times referred to David J. Kaufmann in the following fashion: “David J. Kaufmann (is) a lawyer in New York who has represented many of the nation’s top franchisors and who wrote the New York franchise disclosure law”. The Washington Post similarly observed: “David J. Kaufmann (is) a franchise expert”. Crain’s New York Business referred to me as “a nationally recognized expert on franchising”. The Connecticut Post described me as “represent(ing) many of the country’s largest franchisors”. Entrepreneur magazine terms me “…a leading franchise attorney and renowned franchising expert for more than three decades…”. And reputed industry publication Franchise Times characterized him as one of “franchising’s superstars”.

In 1995, David was appointed to the coveted position of Advisor to the NASAA (North American Securities Administrators Association) Franchise Project Group, the quasigovernmental organization of state and federal officials responsible for devising and coordinating franchise regulatory activity nationwide. He is one of only twelve individuals in the country selected to serve in this capacity. As an Advisor to the NASAA Franchise Project Group, he attends all meetings (except for those segments regarding still confidential investigation and enforcement activities); assist in training government franchise officials from around the country in the exercise of their duties; and, furnish counsel regarding future franchise-regulated regulatory initiatives by the federal and/or state governments.

In summary, David has devoted his entire professional career to the practice of franchise law, first as Assistant Attorney General and Special Deputy Attorney General of New York (in which capacity he authored the New York Franchise Act, General Business Law of New York, Article 33, §§680 et seq., and prosecuted some of New York’s largest and most successful franchise fraud proceedings); then as author of McKinney’s New York Statutes’ “Practice Commentaries” on the New York Franchise Act; as a founding member and senior partner of New York City’s Kaufmann Gildin & Robbins LLP which, since 1985, has devoted itself to furnishing legal and business counsel both to some of our nation’s foremost and reputable franchisors as well as to innumerable “start-up” franchisors; and, as author, lecturer and government advisor to the nation's franchise regulators.

Professional Memberships

NASAA (North American Securities Administrators Association), Franchise Project Group, Advisor

American Bar Association Franchise Forum, Member, Governing Committee

International Franchise Association Legal/Legislative Committee, Chair, Franchise Law Committee

Publications

BOOKS/TREATISES

1. David J. Kaufmann An Introduction to the Law of Franchising, International Franchise Association, 2008, 2010, 2018

2. David J. Kaufmann and David W. Oppenheim FTC Disclosure Rules for Franchising and Business Opportunities: Highlights and Analysis Commerce Clearing House/ Wolters Kluwer, 2007.

3. David J. Kaufmann

Kevin M. Shelley Franchise Desk Book (New York Franchise Act Section) American Bar Association, 2001, 2007, 2010

4. David J. Kaufmann Understanding Franchising: Business and Legal Issues Practising Law Institute, 2001

5. David J. Kaufmann Franchising 1992: Business and Legal Issues Practising Law Institute, 1992

ABA FRANCHISE LAW JOURNAL (1992 TO PRESENT)

AUTHOR TITLE CITATION

1. David J. Kaufmann Felicia N. Soler, Breton H. Permesly, and Dale A. Cohen A Franchisor is Not the Employer of its Franchisees or Their Employees 34-SPG Franchise L.J. 439 (2015)

2. David J. Kaufmann

, David W. Oppenheim

Jordan E. Yarett Franchise Securitization Financings 27-SPG Franchise L.J. - - (2008)

3. David J. Kaufmann

David W. Oppenheim Selected Business and Legal Issues in the Acquisition of Franchisors or Franchisees 23-WIN Franchise L.J. 141 (2004)

4. David J. Kaufmann, James R. Sims III, and Dennis E. Wieczorek, Franchising Currents: California Court Holds Arbitration Clause Unconscionable 21-SUM Franchise L.J. 52 (2001)

5. David J. Kaufmann, Curtis S. Gimson Brian L. Schorr, Jordan E. Yarett Securitization: An Overlooked Financing Vehicle For Franchisors 20-SPG Franchise L.J. 161 (2001)

6. David J. Kaufmann, Jonathan D. Rapore, W. Andrew Scott Franchising Currents: Scheck Redux; New York Is Safe Again; DQ Settles 20-SUM Franchise L.J. 34 (2000)

7. David J. Kaufmann and William L. Killion and James R. Sims III Franchising Currents: Good Faith And Fair Dealing 18-SPG Franchise L.J. 174 (1999)

8. David J. Kaufmann and Carolyn G. Nussbaum Franchise Acquisitions: Duty To Disclose Purchase Or Sale Activity 18-FALL Franchise L.J. 39 (1998)

9. David J. Kaufmann, Edward Dunham, and Ellen R. Lokker Franchising Currents: Kodak’s Reach Uncertain 17-WTR Franchise L.J. 101 (1998)

10. David J. Kaufmann Mandatory Earnings Claim Disclosure: The Case Against 15-SUM Franchise L.J. 3 (1995)

11. David J. Kaufmann, Mergers, Acquisitions & LBO’s: Beware The Disappearing “Experienced Franchisor” Exemption From Registration 11-WTR Franchise L.J. 63 (1992)

ABA ANNUAL FORUM ON FRANCHISING PROGRAM MATERAL (1995 TO PRESENT)

AUTHOR TITLE CITATION

1. David J. Kaufmann J. Michael Dady, ands Sandra J. Wall Franchise Agreements: How Complicated Do They Need To Be? 2007 Forum on Franchising Program Materials.

2. David J. Kaufmann, Scott W. Hansen, Dr. Paulette Robinette. uries and the Use of Jury Consultants and Mock Juries, 2005 Forum on Franchising Program Materials.

3. David J. Kaufmann Steven Toporoff, and Judith M. Bailey, FTC Developments Affecting Franchising 2004 Forum on Franchising Program Materials.

4. David J. Kaufmann, Susan Grueneberg, Joseph J. Punturo, Complying With U.S. Franchise Laws in the Wake of An Amended FTC Franchise Rule 2000 Forum on Franchising Program Materials

5. David J. Kaufmann and Rochelle Spandorf, Problems Of Mature Franchise Systems 1998 Forum on Franchising Program Materials.

6. David J. Kaufmann and Rupert Barkoff, Crafting The Perfect ADR Clause. 1995 Forum on Franchising Program Materials.

AUTHOR TITLE CITATION

1. David J. Kaufmann Franchise Mergers and Acquisitions: Duty To Disclose Purchase Or Sale Activity ABA 1998 Mid Year Program, Tab C

INTERNATIONAL FRANCHISE ASSOCIATION LEGAL

SYMPOSIUM PROGRAM MATERIALS

AUTHOR TITLE CITATION

1. David J. Kaufmann

Melanie Bootes

Scott Toop Advanced Franchise Agreement Drafting Techniques 2015 IFA Legal Symposium

2. David J. Kaufmann, Stephen D. Aronson, Tom Donaldson Attracting Equity – What Prompts Private Equity Interest in Acquiring Your Network? 2013 IFA Legal Symposium.

3. David J. Kaufmann, Kenneth Cutshaw, and Robert Zarco, Implementing Franchise System Upgrades and Enhancements 2011 IFA Legal Symposium.

4. David J. Kaufmann, Timothy O’Brien, Theresa Leets, The Basics of Franchise Registration 2009 IFA Legal Symposium, Tab 6

(amoog others)

Education