Certified
Specialist,
Franchise & Distribution Law
The State Bar of California Board of Legal
Specialization
Barry Kurtz
Franchise Attorney
As a franchise attorney, Mr. Kurtz has represented clients on a wide range of subjects, including the review and preparation of Franchise Disclosure Documents (FDD) franchise registration and disclosure documents; the structuring of franchisors, franchisees, management teams and affiliated companies; work-out arrangements with distressed franchisees in lieu of termination of the relationship; the development and enforcement of system-wide standards; franchisor and franchisee litigation and termination matters; due diligence, acquisitions and dispositions of franchised and independent units and businesses; commercial real estate leasing and acquisitions; and the development and implementation of regional, national and international franchise expansion programs.
Expert Witness
Barry Kurtz provides expert witness testimony in the field of franchise/franchisor law in civil litigation matters. When much is at risk, it is important to have a credible and informed analysis from an attorney with deep experience in franchise law. Mr. Kurtz has been in the field of franchise law for 30 years. As a certified specialist in franchise law, he provides clear and informed expert testimony.
Practical Experience
Mr. Kurtz's practical hands-on experience includes the development and administration of 22 quick service restaurants as a co-franchisee in a regional food service chain; serving as a founder, officer and director of his franchise system's franchise advisory council, independent franchisee association and marketing and new products committees; and serving, over a period of years, as outside franchise counsel, chief operating officer, vice president of national and international franchise expansion and general counsel of a national retail franchisor with 100+ units producing in excess of $60 million in annual sales.
Education & Bar Activities
A graduate of UCLA (1970) and Southwestern Law School (1973). Mr. Kurtz has been a member of the American Bar Association Section on Business Law and Forum on Franchising since 1982 and was a member of the International Franchise Association's Legal/Legislative Committee from 1991 to 1998. In addition, Mr. Kurtz served as an appointed member of the Franchise Law Committee of the Business Law Section of the State Bar of California from 1983 to 1985 and 1998 to 2000, and was re-appointed to the Committee for a three year term in 2011. Mr. Kurtz was certified as a mediator by Pepperdine University, School of Law, Straus Institute for Dispute Resolution, in June, 2001. He currently serves as a Member of the Board of Directors of the Valley Community Legal Foundation of the San Fernando Valley Bar Association.
Author
Barry Kurtz is a prolific writer on the subject of franchise law. From due diligence to franchise appraisal, his articles are a valuable resource to any franchisee and franchisor. He has been named a Certified Specialist in Franchise and Distribution Law by the State Bar of California Board of Legal Specialization. Click here for a list of articles.
Background
Practice Areas: Franchise Law; Franchise Licensing; Franchise Regulation; Franchise Termination; International Franchising; Intellectual Property Licensing; Trademark Licensing; Business Law; Buying and Selling of Businesses; Commercial Law.
Admitted: 1973, California and U.S. District, Central District of California; 1974, U.S. District Court, Southern District of California; 1978, U.S. Supreme Court
Law School: Southwestern Law School, J.D., 1973
College: University of California at Los Angeles, B.A., 1970
Member: San Fernando Valley, Los Angeles County, American (Member: Section on Antitrust Law; Forum Committee on Franchising, 1982-) and International (Member, Section on Business Law-International Franchising) Bar Associations, 1983-1986; State Bar of California (Member: Corporation, Banking and Business Law Section; Franchise Law Committee, Business Law Section, 1983-1986, 1998-2000, 2011-2013); International Franchise Association (Member, Legal/Legislative Committee, 1990-1998).
Biography: Note and Comment Editor, Southwestern University Law Review, 1972-1973. Lecturer: American Bar Association, Forum Committee on Franchise, Fundamentals of Franchising Program, 1987-1988; University of California at Los Angeles Business and Management Extension Education, Fast Food and Restaurant Management, 1988-1989.
Candice Lee
Candice Lee joined the firm in April 2010 as an associate. Candice previously worked as an associate with O’Melveny & Myers L.L.P. in San Francisco, California, where she represented public and private companies in securities matters and corporate governance. Prior to that, Candice worked as an associate with McDermott Will & Emery L.L.P. in Irvine, California, where she gained experience as a transactional attorney on a wide range of real estate and merger and acquisition transactions. She also served as an Extern for The Honorable Ernest M. Hiroshige, Superior Court in Los Angeles.
Practice Areas: Candice’s practice as a franchise lawyer includes the review and preparation of UFDD franchise registration and disclosure documents and regulatory compliance; acquisitions and dispositions of franchised and independent units and businesses; commercial real estate leasing; corporate and commercial transactions involving franchisors and franchisees; and the drafting of franchise-related documents.
Professional and Admissions: Ms. Lee is a member of the State Bar of California and is admitted to practice in all California state courts.
Law School: University of Southern California, Gould
School of Law, JD, 2005
College: University of California at San Diego, B.A. cum laude, 2001
Nicola McDowall
Nicola McDowall represents both franchisors and franchisees. Having been General Counsel of a publicly held franchisor and developed that system from 14 of the United States to nationwide
and from 17 countries to 52 countries in five years, she has the ability to provide clients with a unique perspective on the issues and demands that owners, sellers and buyers of
businesses face in the sale, purchase, financing and operation of their businesses.
As a franchise lawyer, Nicola particularly assists clients of this firm in their international expansion. Her experience
includes franchise sales, acquisitions and restructuring of franchise systems nationally and internationally, operating system compliance issues, distribution and licensing arrangements,
technology development and implementation issues and contract negotiation. Her familiarity with franchising - as an attorney and as a prior franchisor executive - brings a wealth of
experience to her clients.
Admitted: 1987, England, Northern Ireland, Wales; 1990, California;
Law School: Guildford College of Law, Admitted as Solicitor, 1985
College: University of Birmingham, England, LLB with Honors, 1984
Peggy Karavanich
Peggy Karavanich has held her Certified Legal Assistant designation since August
1999, and is an experienced franchise, intellectual property and corporate
paralegal. Peggy joined the firm in October 2006 and assists clients in
franchise registration and compliance and corporate matters.
Peggy serves on the Board of Directors of the Orange County Paralegal Association and is a member of the National Association of Legal Assistants and California Association of Paralegals.
OF COUNSEL
Ezra Brutkus Gubner LLP
Ezra Brutkus Gubner LLP is a 20+ attorney firm whose areas of practice include intellectual property and licensing, employment law, apparel industry law, banking and finance, bankruptcy and insolvency, commercial litigation and
dispute resolution, real estate law and the representation of trustees in bankruptcy and receivers. The firm's clients include financial institutions, manufacturers and small, midsize and large businesses.
We act as franchise counsel for the firm and its clients and the firm provides our clients with services in its areas of expertise.
