Max is a principal at Gray Plant Mooty and practices primarily in the area of franchise and distribution law, assisting and counseling franchisors in structuring domestic and international franchise programs. He also advises clients on issues of disclosure and registration, relationship matters, supply chain maintenance, advertising, licensing, and acquisitions. Max works with start-ups, as well as with nationally-recognized franchisors with multiple brands. He frequently writes and speaks on franchise-related topics, both locally and nationally.
Experience
- Working with franchisors to prepare and update franchise disclosure documents, and file and maintain all related state registrations
- Strategizing and consulting with franchisors to prepare meaningful financial performance representations
- Negotiating and preparing agreements on behalf of franchisors, including franchise agreements, multiple unit and area development agreements, development agent agreements, reservation agreements, test agreements, management agreements, confidentiality and noncompete agreements, licensing agreements, and advertising agreements
- Negotiating and preparing agreements between franchisors with their manufacturers, suppliers, and distributors
- Assisting franchisors in the acquisition of additional franchise systems, or the reacquisition of rights from existing franchisees
- Negotiating and preparing a variety of different international agreements for franchisors, including master franchise agreements, territory agreements, multiple unit development agreements, franchise and subfranchise agreements, test agreements, and distribution agreements
Publications
- “Expansion Options: Multi-Unit and Third Party Arrangements,” Franchising World, coauthor, April 2008
- “The Amended FTC Franchise Rule: Much Ado About Nothing?” The Franchise Lawyer, American Bar Association, Forum of Franchising, coauthor, Volume 10, Number 3, May 2007
- “The ‘Do's’ and ‘Don’ts’ of Lead Follow-up,” Franchising World, Nov. 2006
- “FTC Releases Staff Report on Proposed Franchise Rule Changes,” The Franchise Lawyer, American Bar Association, Forum on Franchising, Volume 8, Number 1, Summer 2004
Presentations
- “Establishing a Game Plan for Successful Unit Franchise Sales—The Key to Master Franchisee Success,” International Franchise Expo, cospeaker, Washington, DC, March 21, 2009
- “Inside the Deal: Avoiding Critical Mistakes in Negotiating a Master Franchise,” International Franchise Expo, cospeaker, Washington DC, March 20, 2009
- “Is Your Franchise Sales Compliance Program Up to Date: Best Practices in the Post-Amendment World,” panel moderator, 49th IFA Annual Convention, Manchester Grand Hyatt, San Diego, California, February 16, 2009
- “Implementing Electronic Disclosures,” 49th IFA Annual Convention, cofacilitator of Business Solution Roundtable, Manchester Grand Hyatt, San Diego, California, February 17, 2009
- “Revitalizing Your Franchise System: Proactive Use of the Franchise Resale Process to Improve the Health of Your System,” IFA’s Franchise Expo South, cospeaker, Miami Beach Convention Center, January 2009
- “10 Commandments of Franchise Sales,” IFA’s Franchise Expo South, cospeaker, Miami Beach Convention Center, January 2009 and 2008
- “10 Commandments of Franchise Sales,” IFA’s West Coast Franchise Expo, cospeaker, L.A. Convention Center, November 2008, October 2007, November 2006 and 2005
- “Beyond Single Unit Franchising: Expanding Franchise Systems Through Multiple Unit and Third Party Arrangements,” IFA’s Franchise Expo South, cospeaker, Miami Beach Convention Center, January 2008; West Coast Franchise Expo, cospeaker, L.A. Convention Center, November 2008, October 2007, and November 2006
- “Embracing the Amended Franchise Rule: What Franchisors Can and Should Be Doing From a Business Perspective,” IFA’s 48th Annual Franchise Convention, cofacilitator of Business Solution Roundtable, Marriott World Center, Orlando, Florida, February 2008
- “Redesigning Your Franchise Sales and Compliance Programs to Meet the New FTC Disclosure Landscape,” IFA’s Franchise Expo South, cospeaker, Miami Beach Convention Center, January 2008
- “Preventing Supply Chain Disputes: Best Disclosure and Contract Practices,” IFA’s 40th Annual Legal Symposium, moderator/speaker, Capital Hilton Hotel, Washington, DC, May 2007
- “Managing Disclosure in Multiple States,” IFA’s 39th Annual Legal Symposium, facilitator of roundtable discussions, Capital Hilton Hotel, Washington, DC, May 2006
- “10 Commandments of Franchise Sales,” IFA’s International Franchise Expo, cospeaker, Washington Convention Center, Washington, DC, April 2005
- “International Due Diligence: What You Need to Know About Your Overseas Partner,” IFA’s 45th Annual Franchise Convention, cofacilitator of Business Solution Roundtable, Westin Diplomat Resort & Spa, Hollywood, Florida, March 2005
- “Managing the Sales Process,” IFA’s 37th Annual Legal Symposium, cospeaker, Capital Hilton Hotel, Washington, DC, May 2004
Education
- University of Iowa College of Law, J.D., with distinction, 1993
- Grinnell College, B.A.
Bar Admissions
- Minnesota, 1993
- U.S. District Court of Minnesota, 1993
Professional Activities
- International Franchise Association, Legal Symposium Task Force and Legal/Legislative Committee
- American Bar Association
- The Franchise Lawyer, published by American Bar Association, Forum Committee on Franchising, editor-in-chief
- Minnesota State Bar Association
- Hennepin County Bar Association
Honors and Distinctions
- The International Who’s Who of Franchise Lawyers, 2011
- Named one of the top franchise law attorneys by Chambers USA: America’s Leading Lawyers for Business, 2011
- Certified Franchise Executive™, Institute of Certified Franchise Executives
- “Legal Eagle,” Franchise Times, 2007-2011
- “Rising Star,” Law and Politics, 2001, 2002, 2005, 2006
Community Involvement
- The Advocates For Human Rights, volunteer attorney; Refugee and Immigrant Program Steering Committee, member