What has been your most important lesson recently and how did you learn it?
"One of the most valuable lessons I’ve learned recently is just how much consultants appreciate a balanced, practical approach to FDD reviews. I had a situation where a candidate was hesitant about a franchise because of a particular clause, but after explaining how it works in practice—and comparing it to industry norms—their concerns were put to rest.
It reinforced that my role isn’t to push deals forward or shut them down, but rather to help candidates feel confident in their choices by providing perspective and context without the noise or fluff."
—Kristian “Kit” Higgs, Kit Franchise Law
J. Michael Dady, Dady & Gardner
"Do not use mediators without franchise law experience, and who have not mediated, and successfully, resolved, a significant number of mediations involving franchisee/franchisor disputes. Otherwise, your chances for a mutually successful resolution are decreased dramatically."
—J. Michael Dady, Dady & Gardner
"I was involved in an arbitration matter for our client and was pleasantly surprised with how quickly the matter proceeded through to the hearing, and how accommodating both counsels were in agreeing to the process. I will certainly recommend that all my clients’ franchise agreements contain a mandatory arbitration provision in order to avoid the lengthy and costly process for litigation through the courts."
—Debi Sutin, Gowling WLG
"Serving as a franchise mediator, it was realizing the obvious.
That there are two sides, if not more, to each issue, and to be able to find the real reasons for the dispute or inability to resolve it, and to then be able to channel the issues and turn it into something that the parties understand to reach a resolution that they otherwise may not have been able to recognize."
—Harris Chernow, Reger Rizzo Darnall
"It is important for franchisors to enforce system standards. If they don’t, franchisees will take liberties. If they do, franchisees will re-engage with and respect the system. Most franchisees will applaud the franchisor’s enforcement efforts. This lesson was reinforced through a ‘reluctant’ franchisor who has traditionally been relaxed regarding franchisee’s individual execution of system standards."
—Mark Burzych, Fahey Schultz Burzych Rhodes
"One important lesson is the importance of staying adaptable. The legal world is constantly changing due to shifts in the administration, the laws, technology, et cetera. Staying adaptable allows me to navigate these changes more effectively, helping to ensure that my legal skills remain relevant."
—Christina Fugate, Ice Miller
Deborah Coldwell, Haynes and Boone
"My most important recent lesson—although it really is just a reminder—is that it’s essential to have a good working relationship with opposing counsel. Over the years, I’ve learned that while it is important to advocate your client’s positions zealously, it’s always more enjoyable to practice when you can pick up the phone and try to work things out with the other side."
—Deborah Coldwell, Haynes and Boone
"That the one constant we can all count on is change. Over the last 15 years I have watched the business climate, including the joint employment ball, bounce back and forth. From Obama, to Trump, to Biden, now back to Trump. What I have learned is that making extreme changes one way or the other is not the answer. Slow and steady wins the race. Focusing on brand core values and never wavering will lead to the greatest success for all stakeholders."
—Joe Fittante, Larkin Hoffman
"Encouraging franchisors to act reasonably toward franchisees can save a lot of time, money and effort down the road."
—Tal Grinblat, Lewitt, Hackman, Shapiro, Marshall & Harlan
"That it is always important to manage client expectations. This is learned over time and through communication."
—Michelle Prager, Paris Ackerman
"I changed law firms in 2024, after nearly 14 years at the same firm, which was both hard and reinvigorating. The lesson is to not be afraid of change, but also not to burn your bridges."
—David Cahn, Offit Kurman
"Participate in legislation. Virginia was making updates to its Retail Franchising Act, and they took comments from franchisors and others in the industry. I was the only person who submitted comments, and they implemented my suggestions into the laws that went into effect on January 1st. Those changes directly benefit franchisors, especially emerging brands that face financial assurance requirements in Virginia. It was an easy way to advocate for my clients’ interests on a larger scale."
—Jonathan Barber, Franchise.Law
