In franchise lawsuits, Mr. Murphy's extensive franchise industry background, coupled with his teaching skills, create a most favorable demeanor in deposition and trial testimony. In consulting with franchise litigation attorneys, he develops arguments and strategic approaches that are quoted verbatim by arbitrators in reaching their decision. Mr. Murphy has testified as a franchise expert in courts as well as numerous franchise arbitration proceedings.
In consulting with emerging and existing franchise companies for over two decades, Mr. Murphy brings a wealth of proactive strategies and techniques, designed to make franchise development and expansion programs effective and avoid future franchise litigation difficulties. Mr. Murphy's experience as a past franchise owner gives him a unique and balanced perspective. Particularly in franchising, "an ounce of prevention is worth a pound of franchise lawyers."
EDUCATION:
UNIVERSITY OF SAN FRANCISCO
1974 - Bachelor of Science - Business Administration
concentration: Finance
UNIVERSITY OF SAN FRANCISCO
1979 - Juris Doctor of Law
Active Member of the California Bar, 1979 - present
SAN FRANCISCO STATE UNIVERSITY
1980 - Master of Business Administration (MBA)
concentration: International Business
EXPERIENCE:
FRANCHISE FOUNDATIONS, APC
Director of Operations, 1981-present
Directed project management activities and consulting assignments in franchise development, market research, publishing, management training and consulting for firms launching or engaged in local, regional and national franchise and licensing expansion programs. Also assisted individuals, law firms and other business entities investigate, evaluate and negotiate franchise, license and intellectual property investments. Published four books on franchising and one book on trade secrets.
INTERIOR DOOR REPLACEMENT COMPANY
Franchise Owner, 2002-2003
Established and launched the first interior door replacement company franchise. Responsibilities included site location, lease negotiations and build out of a 7,000 sq. ft. warehouse and showroom, business start up, hiring and supervising employees, production and quality control, management, marketing, financial control and franchisor-franchisee relations.
ON LINE MICROCENTERS, INC.
Senior Counsel, 1980-1981
Organized all franchise department functions and instructed staff franchise attorneys in the preparation of Franchise Offering Circulars, franchise agreements, license agreements, filing franchise registration applications, protecting intellectual property assets, and implementing a disclosure compliance program to manage legal documents, organize files and control dissemination of information.
EXPANSION SYSTEMS, INC.
Director of Legal Services, 1980-1981
Completed consulting projects for firms utilizing franchising and licensing to expand including: feasibility studies, strategic planning, drafting all legal documentation, filing franchise registration applications, protecting trademarks, service marks and other intellectual property assets, editing franchise operations manuals, developing franchise training programs, field support programs, and franchise marketing materials.
PUBLICATIONS:
Franchise author of more than 30 franchise publications, including four books on franchising and one book on trade secrets:
Avoiding Legal Pitfalls In Franchise Marketing
1983-2006, Franchise Foundations Press
Franchise Sales Control
1983-2006, Franchise Foundations Press
Effective Franchise Marketing
1983-2006, Franchise Foundations Press
Implementing A Franchise Disclosure Compliance Program
1983-2006, Franchise Foundations Press
The Franchise Handbook: A Complete Guide to All Aspects of Buying, Selling or Investing in a Franchise
2006, Atlantic Publishing Company
authored foreword and edited various chapters
Protecting Trade Secrets
1984-2002, Franchise Foundations Press
FRANCHISE EXPERT:
Have testified and rendered opinions as a franchise expert on many occasions, including franchise litigation & arbitration matters, on numerous franchise, license and intellectual property issues.
ACADEMIC - BUSINESS COMMUNITY:
Lecturer - Franchising & Licensing
San Francisco State University
Graduate School of Business - M.B.A. program
De Anza College
College of Business Administration
Menlo College
College of Business Administration
International Franchise Association
Western Regional meetings
Selected as the premier U.S. franchise expert by the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations, Geneva, Switzerland, to speak at Singapore’s World Conference about franchising in Asian countries and developing uniform franchise regulations based on the U.S. regulatory model, September 18-21, 2007, hosted jointly by WIPO and the Intellectual Property Office of Singapore (IPOS).
ACADEMIC - LEGAL COMMUNITY:
Approved MCLE (Minimum Continuing Legal Education) Provider
by the State Bar of California
1993 - present
A franchise attorney teaching franchise law, franchising vs. licensing and intellectual property courses to California attorneys
PARTIAL LIST OF FRANCHISE EXPERT LITIGATION CASES:
7-Eleven Convenience Stores
Athletes Foot
Cruise Holidays
Dennys Restaurants
Domino’s Pizza
Dryclean USA
Econo Lube N Tune
Energy Automated Systems Inc.
Glamour Shots
Goodyear Tire Centers
Jani King
Kwik Kopy
Mac Trucks
Mail Boxes, Etc.
McDonalds Corporation
Money Mailer
Nagrampa vs. MailCoups
Photo Drive Up
Postal Annex
Quaker Steak & Lube
Serv Pro
Stuft Pizza
Swansons Cleaners
Super Coups
The Entrepreneur's Source
The UPS Store
Yellow Phone vs. Pacific Bell
RECENT FRANCHISE EXPERT LITIGATION CASE SNAP SHOTS:
Swansons Cleaners, et al. (Superior Court jury trial). Summary: provided franchise expert consulting that re-focused the legal issues and discovered new causes of action. Testified at deposition and trial for a franchisee in its claims against the franchise company. Result: jury verdict in favor of the franchisee for $1.6 million in punitive damages and $634,000 in contract, etc. damages.
Nagrampa v. MailCoups Inc. and The American Arbitration Association - United States Court of Appeals for the Ninth Circuit (Argued and Submitted En Banc). Summary: provided franchise expert strategy and consulting in a case that established new franchise law by invalidating the standard arbitration provision in a California franchise agreement on the grounds it was unconscionable.
Mr. Franchise, Kevin B. Murphy, a noted franchise expert and franchise attorney, helps resolve franchise disputes, franchise litigation and franchise lawsuits. With over two decades of experience in the franchise industry as a franchise attorney, franchise author, franchise instructor and former franchise owner, Mr. Franchise is well-versed in franchise custom and practice, franchise standards of care, and other aspects of franchise relationships. 