Steven Feirman

Practice Areas

Steven Feirman practices franchise and distribution law, with an emphasis on helping franchisors expand their franchise systems in the United States and in foreign jurisdictions. Steve focuses on helping established and emerging franchise systems develop their business models, and he has extensive experience structuring and preparing franchise, license, supply, and distribution agreements for domestic and international transactions. With Steve’s background as a federal government regulator, much of his work involves the structuring of franchise systems to ensure that they comply with federal, state and foreign franchise laws. Steve guides his clients to embrace best franchising practices in their franchise documents and operations, which results in franchise systems that are marketable and collaborative. By using this approach, Steve has successful clients in a variety of industries, including restaurants, hospitality, financial services, travel, real estate, education, personal services, business services, retail, and wellness.

Steve has gained renown for his work at the intersection of franchising and antitrust, including pricing strategy and supply chain matters. He counsels franchise companies on antitrust and trade regulation matters such as pricing programs, supply restrictions, territory and customer limitations, joint ventures, mergers and acquisitions, and other sensitive competition issues. For example, because franchisors are not permitted to control franchisee prices in some states, his clients have used techniques such as geographic price fixing, pricing incentives, minimum advertised price (MAP) policies, agency models, and consignment arrangements. He has also developed a unilateral “Colgate” policy for a national restaurant system that is thought to be the only such policy in use by a franchisor. Steve conducts franchise and antitrust compliance programs for his clients, and he represents companies before federal and state government agencies on both franchising and antitrust matters.

Steve is a frequent lecturer and contributor to legal publication on antitrust and franchise law topics. He has served as an editor of some of the leading publications in the field, including Franchise Law Journal and Franchise Legal Digest, and as a contributor to Global Competition Review, Franchising World, The Franchise Lawyer, and The International Journal of Franchising and Distribution Law.

I am a former Federal Trade Commission lawyer, and I focus on helping well-established and emerging franchise systems develop their business models and expand their businesses. Many franchisors call on me to address their most complex issues, and I serve as both their legal counsel and strategic business advisor.

FRANCHISE COMPLIANCE

Much of my work involves the structuring of franchise systems to ensure that they comply with all federal, state and foreign franchise laws. More importantly, I seek to ensure that my clients embrace best franchising practices in their franchise documents and operations. This results in a franchise system that is marketable and collaborative. By using this approach, I have happy clients in a variety of industries, including restaurants, hospitality, financial services, travel, real estate, personal services, business services, retail and health care.

PRICING AND OTHER COMPETITION ISSUES

I regularly advise franchisors and others on pricing, supply restrictions, acquisitions, joint ventures and other sensitive competition issues. Companies that commit antitrust violations can be subject to serious penalties, including treble damages. With my experience as a federal antitrust enforcement official, I have helped many franchisors navigate through varying federal and state antitrust laws. For example, because franchisors are not permitted to control franchisee prices in some states, my clients have used techniques such as Minimum Advertised Price policies, geographic price fixing, pricing incentives, agency models and consignment arrangements. One of my favorite projects in recent years was the development of a unilateral “Colgate” policy that is thought to be the only such policy in use by a franchisor.

In recent years, franchisors have recognized the benefits of multi-unit franchising. I believe that this trend will continue, but with a shift from subfranchising toward area development.

Career

Steve received his undergraduate degree (A.B., magna cum laude) from Colgate University and his law degree from Washington University School of Law, where he served as an editor of the law review. He has received the Federal Trade Commission’s Meritorious Service Award, was awarded the Burton Award for Legal Achievement, and was inducted into the Franchise Times Hall of Fame.

Professional Memberships

American Bar Association

Section on Antitrust Law

Forum on Franchising