Gaylen assists franchisors in structuring domestic and international franchise and distribution programs, and advises clients on related business and regulatory issues. He also advises clients on international trade regulation, trademark, Internet, and corporate law matters.
Gaylen’s combined 20 years of experience in private practice and as a franchise executive provide him with a unique understanding of the complex business and legal issues that companies face in establishing and operating franchise and other distribution systems. As vice president and general counsel at a Midwest-based, multi-concept retail franchise, Gaylen developed sales training and compliance, preferred vendor, internet, franchise renewal, operational standards, and due diligence programs that are integral to the success of expanding franchise programs.
He has authored several articles on such varied franchise and distribution-related topics as the use of franchisee referral networks, encroachment and franchise site location, regulation of distribution systems in the European Union, U.S. and foreign counterterrorism legislation, and franchise advertising funds. Gaylen is a frequent lecturer, both locally and nationally.
Publications
- “Strategies for International Development in Uncertain Times,” Franchising World, November 2008
- “Franchise Expansion in China in the Aftermath of China’s 2007 Franchise Regulation,” coauthored with Elizabeth Dillon, International Bar Association's International Franchising Committee newsletter on Franchising in China
- “Outsourcing Franchise Sales: Growth Strategy or Desperation Move,” Franchise Times, G. Knack and E. Dillon, June-July 2007
- “Of Business Hurdles Both Legal and Cultural,” coauthor, Star Tribune, November 14, 2005
- “Understanding China’s New Franchise Measures: Navigating in the Clouds,” International Franchising newsletter, International Bar Association, July 2005
- “Strategies to Help U.S. Compete,” Star Tribune,” February 15, 2004
Presentations
- “Non-traditional International Expansion Strategies: The Current Business Environment is Opening Up New Options,” IFA’s 53rd Annual Convention, Las Vegas, Nevada, February 18, 2013
- “Immigration Audits, and Complying with Employment/Immigration Laws,” Wednesday Wise Webinars, International Franchise Association, copresenter, January 2012
- "Fran-Guard Seminar," panel moderator, IFA'S 51st Annual Convention, Las Vegas, Nevada, February 14, 2011
- "Beyond Single Unit Franchising: Expanding Franchise Systems Through Multiple Unit and Third Party Arrangements," copresenter, Franchise Expo South, Miami Beach, FL, January 15, 2011
- “Selecting, Negotiating, and Operating a Master Franchise,” copresenter, International Franchise Expo, Washington, DC, March 21, 2009
- “Inside the Deal: Avoiding Critical Mistakes in Negotiating a Master Franchise,” copresenter, International Franchise Expo, Washington, DC, March 20, 2009
- “Exploring Master Franchising as an International Growth Strategy,” copresenter, International Franchise Expo, Washington, DC, March 20, 2009
- “Expectations of Master Franchisee,” panel moderator, 49th Annual Convention, San Diego, California, February 17, 2009
- “Revitalizing Your Franchise System Through the Proactive Use of a Resale Process,” 49th IFA Annual Convention, San Diego, California, February 16, 2009
- “International Development in Uncertain Times: Where Does it Fit in Your Strategic Plan?,” copresenter, IFA’s Franchise Expo South, Miami Beach Convention Center, January 2009
- “Beyond Single Unit Franchising: Expanding Franchise Systems Through Multiple Unit and Third Party Arrangements,” copresenter, IFA’s Franchise Expo South, Miami Beach Convention Center, January 2008, January 2009 and IFA’s West Coast Franchise Expo, copresenter, L.A. Convention Center, November 2008
- “10 Commandments of Franchise Sales,” various IFA-sponsored franchise expos
- “Business and Legal Issues Raised by Franchise Transfers,” IFA Legal Symposium, Washington, DC, 2008
- "Critical Issues Affecting Payments from Your International Franchisees," panel moderator, IFA's 48th Annual Convention, February 2008
- “Maximizing Flexibility in the Use of System Marketing Funds,” IFA’s 48th Annual Convention, February 2008
- “Maximizing Expansion Opportunities While Minimizing Territorial Conflict,” copresenter, IFA’s Franchise Expo South, Miami Beach Convention Center, January 2008
- “The New FTC Rule,” IFA Legal Roundtable Series, Washington, DC, 2007
- “Global Proliferation of Franchise Laws,” panelist, ABA International Meeting, Washington, DC, May 2007
- “Solving The Challenges With Underperforming Masters and Area Developers,” International Franchise Association Annual Convention, Las Vegas, Nevada, 2007
- “Disclosure Risks in Complying with Non-U.S. Franchise Regulations,” IFA Legal Symposium, Washington, DC, 2006)
- “Entry Into the U.S. Market: Agency, Distribution or Franchising,” International Bar Association Annual Meeting, Chicago, Illinois, 2006
- “International Trademarks—Safely Exporting Your Brand Overseas,” IFA’s 45th Annual International Franchise Convention, Hollywood, Florida, March 2005
- “Do You Know Your Supplier? Due Diligence Tactics to Reduce Your Risks,” 28th Annual International Business Law Institute,” April 14, 2004
- “Principle of Good Faith in International Franchising,” IFA/IBA Joint Conference on Franchising, Washington, DC, 2004
- “Rethinking Global Business Relationships in a New Age of Terrorism,” Minnesota Business Law Institute, 2004
Education
- University of Minnesota Law School, J.D., 1985
- University of Minnesota, undergraduate degree
Professional Activities
- International Franchise Association, Legal/Legislative Committee
- International Bar Association
- American Bar Association, Forum Committee on Franchising
Honors and Distinctions
- “Legal Eagle,” Franchise Times, 2007-2013
- “The Best Lawyers in America,” Woodward/White, 2010-2013
- Certified Franchise Executive™, Institute of Certified Franchise Executives
- The International Who’s Who of Franchise Lawyers, 2003-2012
- “Super Lawyer®,” Thomson/Reuters, 2008, 2011-2012
- Named one of the top franchise law attorneys by Chambers USA: America’s Leading Lawyers for Business, 2010-2012
- “Leader in Their Field,” Chambers Global 2007-2009 (one of only 18 franchise attorneys worldwide)
Community Involvement
- Midwest Global Trade Association, member
- Minnesota International Center, member/topic speaker