Harold L. Kestenbaum


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Want to expand your franchise or business internationally?

HAROLD L. KESTENBAUM is your man. He is an attorney who has specialised in franchise law and other matters relating to franchising since 1977.

From May 1982 until September 1986, Mr. Kestenbaum served as franchise and general counsel to Sbarro, Inc., the national franchisor of over 900 family-style Italian restaurants and, has been a director since March 1985.

In addition, he currently sits on the Board of Directors of RezConnect Technologies, Inc., Ultimate Franchise Systems, Desert Moon Café Franchise Corp., and GarageTek, Inc.

From September 1983 to October 1989, he served as President and Chairman of the Board of FranchiseIt Corporation, the first publicly traded company specializing in providing franchise marketing and consulting services and equity financing to emerging franchise companies, which he co-founded.

Mr. Kestenbaum's expertise in franchise law is buttressed by his practical experience of serving as the Chief Executive Officer of a national franchisor and serving as a Director of six nationally and internationally known franchisors, experiences that are rare and unique in the area of franchise law.

Currently, Mr. Kestenbaum is Counsel to Farrell Fritz, P. C. and is engaged exclusively in the practice of franchise distribution and licensing law, representing exclusively franchisors only, both start-up and established. He is the chairman of the Farrell Fritz Franchise, Distribution and Licensing Practice Group.

Services

Consulting services in combination with highly selective strategic alliances are available to create a road map for your business success:

  • Feasibility studies
  • Determination of franchise format
  • Business plan development
  • Capital resources
  • Manual preparation

Legal services provided to emerging and established franchise concerns include:

  • Develop and prepare an accurate Uniform Franchise Offering Circular (UFOC)
  • Update disclosure documents to comply with FTC Rule and state registration requirements
  • Register UFOCs in all franchise registration states
  • Review, analyse and modify existing franchise documents
  • Restructuring marketing techniques
  • Assure legal compliance in staff training and operations
  • Assure legal compliance of marketing strategies
  • Assist in mergers, acquisitions and financing (IPOs)
  • Coordinate franchise litigation and dispute resolution
  • Review trademarks and service marks
  • Implement master franchising, area developer and area representative arrangements, domestically and internationally
  • Review and negotiate franchise and business opportunities on behalf of prospective franchisees

About Harold

Mr. Kestenbaum is a member of the American Bar Associations Antitrust Section, a member of the Antitrust Sections Forum Committee on Franchising since 1978, a member of the Subcommittee on Franchising of the American Bar Associations Corporation Banking and Business Law Section, is a founding member and the current Chairman of the New York State Bar Associations Franchise, Distribution and Licensing Law Section.

He currently serves as Chairman for its Education and Seminar Subcommittee (he Chaired a Statewide seminar programs for New York State attorneys in 1997, 2000, 2002, 2004 and 2005 and Chaired seminars on Franchise Law for the Nassau and Suffolk County Bar Associations) and he sits on the International Franchise Associations Supplier Forum Advisory Board.

He has published many articles related to franchising and frequently lectures and appears before numerous organizations and law schools speaking on various topics in franchising.

He has been chosen one of the top 100 franchise attorneys in North America by Franchise Times in 2004 and 2005 and was named one of the three best franchise attorneys in the New York metro area by New York Magazine for 2005. In addition, he has written two articles for the ABA Forum Committee, one appearing in the Franchise Law Journal and the other appearing in the Franchise Lawyer. He has appeared on two International Franchise Association Legal Symposium panels, one in 2001 and the other in 2004.

He also participates in the IFA Speakers Bureau and has spoken on its behalf, and has been a facilitator at five IFA Convention Roundtables. He has attended over 20 ABA Forum Committee annual programs since 1978 and over 25 IFA Legal Symposia.

 

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