Franchise & Distribution Law
The State Bar of California Board of Legal Specialization
As a franchise attorney, Barry Kurtz has represented clients on a wide range of subjects, including the review and preparation of Franchise Disclosure Documents (FDD) franchise registration and disclosure documents; the structuring of franchisors, franchisees, management teams and affiliated companies; work-out arrangements with distressed franchisees in lieu of termination of the relationship; the development and enforcement of system-wide standards; franchisor and franchisee litigation and termination matters; due diligence, acquisitions and dispositions of franchised and independent units and businesses; commercial real estate leasing and acquisitions; and the development and implementation of regional, national and international franchise expansion programs. In addition, Barry represents brewers and distributors by drafting beer distribution agreements, monitoring regulatory compliance and providing ongoing business counseling on beer distribution related matters.
Barry provides expert witness testimony in the field of franchise/franchisor law in civil litigation matters. When much is at risk, it is important to have a credible and informed analysis from an attorney with deep experience in franchise law. Barry has been in the field of franchise law for 30 years. As a certified specialist in franchise law, he provides clear and informed expert testimony.
Barry’s practical hands-on experience includes the development and administration of 22 quick service restaurants as a co-franchisee in a regional food service chain; serving as a founder, officer and director of his franchise system’s franchise advisory council, independent franchisee association and marketing and new products committees; and serving, over a period of years, as outside franchise counsel, chief operating officer, vice president of national and international franchise expansion and general counsel of a national retail franchisor with 100+ units producing in excess of $60 million in annual sales.
Barry has earned Martindale Hubbell’s highest rating (AV), been named a Super Lawyer by the Journal of Law & Politics with an AV Preeminent Peer Review Rating, the highest rating in legal ability and ethical standards. In August 2012, Barry was selected by the San Fernando Valley Business Journal as one of the top 7 attorneys and trusted advisors in the San Fernando Valley. In October 2012, Barry was selected by the Pacific Coast Business Times as one of the top attorneys in Santa Barbara, San Luis Obispo and Ventura Counties and one of the “very important firms that are the backstops for our business community.”
Education & Bar Activities
A graduate of UCLA (1970) and Southwestern Law School (1973). Barry has been a member of the American Bar Association Section on Business Law and Forum on Franchising since 1982 and was a member of the International Franchise Association’s Legal/Legislative Committee from 1991 to 1998. In addition, Barry served as an appointed member of the Franchise Law Committee of the Business Law Section of the State Bar of California from 1983 to 1985 and 1998 to 2000, and was re-appointed to the Committee for a three year term in 2011. Barry was certified as a mediator by Pepperdine University, School of Law, Straus Institute for Dispute Resolution, in June, 2001. He currently serves as a Member of the Board of Directors of the Valley Community Legal Foundation of the San Fernando Valley Bar Association.
Barry Kurtz is a prolific writer on the subject of franchise law. From due diligence to franchise appraisal, his articles are a valuable resource to any franchisee and franchisor. He has been named a Certified Specialist in Franchise and Distribution Law by the State Bar of California Board of Legal Specialization. Click here for a list of articles.
Practice Areas: Franchise Law; Franchise Licensing; Franchise Regulation; Franchise Termination; International Franchising; Intellectual Property Licensing; Trademark Licensing; Business Law; Buying and Selling of Businesses; Commercial Law.
Admitted: 1973, California and U.S. District, Central District of California; 1974, U.S. District Court, Southern District of California; 1978, U.S. Supreme Court
Law School: Southwestern Law School, J.D., 1973
College: University of California at Los Angeles, B.A., 1970
Member: San Fernando Valley, Los Angeles County, American (Member: Section on Antitrust Law; Forum Committee on Franchising, 1982-) and International (Member, Section on Business Law-International Franchising) Bar Associations, 1983-1986; State Bar of California (Member: Corporation, Banking and Business Law Section; Franchise Law Committee, Business Law Section, 1983-1986, 1998-2000, 2011-2013); International Franchise Association (Member, Legal/Legislative Committee, 1990-1998).
Biography: Note and Comment Editor, Southwestern University Law Review, 1972-1973. Lecturer: American Bar Association, Forum Committee on Franchise, Fundamentals of Franchising Program, 1987-1988; University of California at Los Angeles Business and Management Extension Education, Fast Food and Restaurant Management, 1988-1989.