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John W.  Fitzgerald

Principal - Minneapolis

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Telephone
612.632.3064
Fax
612.632.4064
E-mail
john.fitzgerald@gpmlaw.com
Support Staff
Lori Kleinschmidt, 612.632.3441

Address
500 IDS Center
80 South 8th St
Minneapolis, MN 55402

Main: 612.632.3000
Fax: 612.632.4444

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Maps & Directions

Fitzgerald, John

John is a principal at Gray Plant Mooty and is cochair of the Franchise & Distribution practice group. John concentrates his practice in the areas of franchise, real estate, and business law. He acts as outside general counsel for many businesses, some of whom have been with him as long as he has been practicing law.

John also handles a multitude of business and regulatory matters for emerging, as well as nationally recognized franchisors. He has designed and negotiated all types of business agreements, including business mergers and acquisitions, franchise and other product and service distribution agreements, real estate acquisitions and financings, corporate financings, employment and shareholder contracts, real estate leases, and development agreements.

Experience

  • Structured and negotiated a client’s acquisition of the United States’ rights to a restaurant brand from the owner of the concept, who had developed approximately 100 units in Canada. He designed and registered the client’s franchise program in the U.S., enabling sales of the new franchise to occur in this country
  • Represented a franchise client in the sale of three retail properties, the purchase of four parcels of undeveloped ground, and the refinancing of two of its retail properties, all in the same year
  • Assisted a client in the successful workout of a significant trade debt that threatened to prevent the client from continuing its 30+ year business

Publications

Presentations

  • “How to Pay Less Rent on the Space You Lease,” Wednesday Wise Webinars, International Franchise Association, copresenter, January 2011
  • "Top 5 Changes to Consider Making to Your Franchise Agreement," 43rd Annual IFA Legal Symposium, Washington, DC, moderator, May 2010
  • “10 Commandments of Franchise Sales,” West Coast Franchise Expo, Los Angeles, California, November 2008
  • “Understanding the State Franchise Registration Framework and How the Amended FTC Rule Will Impact It,” IFA Legal Symposium, Washington, DC, copresenter, May 2008
  • “Protected Territories as a Development Tool: How Can You Maximize the Benefits and Minimize the Costs?,” International Franchise Association’s 46th Annual Convention, Palm Springs, California, moderator and copresenter, February 2006
  • “Marketing Your System with an Earnings Claim,“ IFA Franchise Business Network, Minneapolis, Minnesota, moderator, April 2005
  • “Site Selection Trends, Best Practices and Standards,” International Franchise Association’s 44th Annual Convention, Las Vegas, Nevada, Business Solution Roundtable facilitator, March 2004
  • “Negotiation in the Franchise Context,” IFA Legal Symposium, Washington, DC, copresenter, May 2002

Education

  • William Mitchell College of Law, J.D., 1979
  • University of St. Thomas

Professional Activities

  • American Bar Association
  • International Franchise Association, Legal/Legislative Committee, member
  • Minnesota State Bar Association

Honors and Distinctions

  • “Super Lawyer®,” Thomson/Reuters, 2005-2011
  • "Legal Eagle,” Franchise Times, 2004, 2006-2011
  • The International Who’s Who of Franchise Lawyers
  • Certified Franchise Executive™, Institute of Certified Franchise Executives
  • Board Certified Specialist in Real Property Law, Minnesota State Bar Association

Community Involvement

  • Twin Cities Diversity in Practice, Board member
  • Volunteer Lawyers Network, Real Estate Law Clinic