David W. Oppenheim | Attorney

David W. Oppenheim concentrates his practice primarily in the franchise, distribution and licensing areas. He advises emerging and mature companies with respect to planning, structuring and implementing national and international franchise, distribution and licensing programs; including drafting franchise agreements, ancillary agreements and franchise disclosure documents; securing registration of franchise offerings in the U.S. and abroad; and, the implementation of compliance programs and system-wide standards. Mr. Oppenheim also specializes in mergers and acquisitions and sophisticated financing transactions, including securitizations of a franchisor's royalty stream. Mr. Oppenheim also advises franchise clients regarding complex franchise relationship issues and disputes and he represents clients in arbitration, mediation and litigation involving franchise, trademark, contract and commercial disputes.

Mr. Oppenheim is a frequent author and speaker on topics relating to franchising and distribution systems. He co-authored the CCH Business Franchise Guide's seminal analysis of the revised FTC Franchise Rule entitled FTC Disclosure Rules for Franchising and Business Opportunities, Highlights and Analysis (CCH January 2007) and the International Franchise Association's franchise law compliance manual entitled An Introduction to the Law of Franchising (2008).

PUBLICATIONS AND SEMINARS 

Co-Author and Presenter, Operating Manuals - The Devil is in the Details, American Bar Association Forum on Franchising, 2008 Annual Forum, Austin, TX, October 2008

Columnist: U.S. Report, International Journal of Franchising Law, June 2008 Present

Co-Author and Presenter: Basics Track - Disclosure Under the Revised FTC Franchise Rule and State Franchise Disclosure Laws, International Franchise Association 2008, Legal Symposium, Washington, D.C., May 2008

Co-Author: Franchise Securitization Financings, Franchise Law Journal, Spring 2008

Co-Presenter: Franchise Law in New York, New York State Bar Association, February 2008

Co-Author: An Introduction to the Law of Franchising, International Franchise Association, 2008

Program Chair and Presenter: Franchise, Distribution & Licensing Law From A To Z (Aamco to Zaxsby's), New York City Bar Association, December 2007

Co-Author: FTC Disclosure Rules for Franchising and Business Opportunities, Highlights and Analysis, CCH, January 2007

Co-Author and Presenter, Transforming and Modifying the Mature Franchise System, American Bar Association Forum on Franchising, 2006 Annual Forum, Boston, MA, October 2006

Co-Author and Presenter: FTC Rule Revisions and Guideline Changes, International Franchise Association, 2006 Legal Symposium, Washington, D.C., May 2006

Author: New York Court of Appeals Clarifies Tortious Interference Law, International Journal of Franchising Law, Volume 3, Issue 1, 2005

Co-Author: Selected Business and Legal Issues in the Acquisition of Franchisors or Franchisees, Franchise Law Journal, Winter 2004

Co-Author: The Unchartered Boundary Between Fair Competition and Tortious Conduct, Franchise Law Journal, Winter 2003

Co-Author and Presenter, Fahrenheit 451: Hot Topics in Ethics and Professional Responsibility, American Bar Association Forum on Franchising, 2003 Annual Forum, Hollywood, FL, October 2003

Columnist: Franchising Court Watch, LJN's Franchising Business and Law Alert, 2002 2005

PROFESSIONAL ACHIEVEMENTS  

Included in Best Lawyers in America - Franchise Law Section (2009)

Named Franchise Times Legal Eagle - 2006, 2007 and 2008

Selected as a member of the International Franchise Association's Legal Symposium Task Force (2005-2007)

Featured in June 2001 Franchise Times Magazine in a profile entitled Hot Shot Franchise Lawyers Under 40

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

American Bar Association (Forum on Franchising)

International Franchise Association

New York State Bar Association (Franchise Law Section) (Business Law Section Executive Committee January 2009 - present)

New York City Bar Association

EDUCATION

Widener University School of Law, Wilmington, Delaware (J.D. 1994)

University of Michigan, Ann Arbor, Michigan, (B.A. 1991)

BAR ADMISSIONS

Federal and state courts of New York, New Jersey and Pennsylvania