David L. Cahn: Lawyer with Whiteford, Taylor & Preston L.L.P.

David L. Cahn

Phone410.347.9442

Peer Rating
 4.0/5.0
BV® Distinguished

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Practice Areas

  • Franchise Law
  • Business and Corporate Law
  • Franchise Litigation and Dispute Resolution
  • Trademarks, Domain Names and Other Brand Protection
  • Real Estate Development, Leasing and Land Use
  • Hospitality, Hotel and Restaurant
  • Antitrust and Trade Regulation
 
University Stanford University, B.A., 1990
 
Law SchoolUniversity of Pennsylvania, J.D., 1995
 
Admitted1995, Maryland; 1997, District of Columbia
 
Memberships Maryland State Bar Association, Inc. (Chair, Franchise Law Committee); District of Columbia Bar.

 
BornBaltimore, Maryland, 1968
 
Biography

Experience

The focus of Mr. Cahn's practice is franchising law. Prior to joining Whiteford, Taylor & Preston, he had his own firm, the Franchise & Business Law Group in Towson. Prior to that, David was an associate at Piper Rudnick's national franchise law practice group in Washington, DC, and at Gordon, Feinblatt, Rothman, Hoffberger & Hollander.

Franchise Law
•Prepare franchise disclosure documents and franchise agreements for new franchisors and counsel on compliance with franchise sales and relationship laws
•Structure business relationships to avoid coverage by franchise sales or relationship laws
•Negotiate franchise agreements for franchisors and franchisees
•Counselor and negotiator to resolve disputes between franchisors and franchisees, including covenants not to compete
•Representative work:
•Conversion of SailTime fractional boat ownership businesses from licensing to franchising
•Launch of new franchisors such as Medifast Weight Control Centers and GO Airport Shuttle
•Acquisition of trademarks and franchising rights for VooDoo BBQ & Grill and MonitorClosely.com
•Creation of trademark certification membership program for Fractional Homes International, LLC

Business and Corporate Law
•Purchase or sale of existing franchised businesses such as: Exxon service station, Huntington Learning Centers, MaggieMoo's Ice Cream and Rent-A-Wreck auto rentals
•Prepare and negotiate LLC Operating Agreements and Shareholders Agreement for owners of closely-held companies
•Prepare private placement materials to offer stock or membership interests to accredited investors in compliance with securities requirements

Franchise Litigation & Dispute Resolution
Kiddie Academy Domestic Franchising LLC v. Faith Enterprises DC, LLC, Bus. Franchise Guide (CCH) 13,066 (D. Md. 2009)
G&R Moojestic Treats, Inc. v. MaggieMoo's International, LLC, Bus. Franchise Guide (CCH) 13,066 (D. Md. 2005)
It's Just Lunch International, LLC v. Polar Bear, Inc., Bus. Franchise Guide (CCH) 12, 819 (S.D. Cal. 2004)
•Also has represented franchisors, franchisees and other business entities in several arbitrations and mediations, primarily as administered by the American Arbitration Association, including non-compete disputes
•Serves as an expert witness in cases involving hotel and restaurant franchises

Real Estate Leasing
•Negotiate leases for tenants of commercial real estate, particularly retail and special purpose facilities
•Advise franchisors on rights in leases entered into by their franchisees

Hospitality, Hotel & Restaurant
•Serves as an expert witness in cases involving hotel and restaurant franchises
•Prepare franchise disclosure documents for more than ten food service franchisors
•Representation of hotel franchisees concerning disputes with their franchisors

Antitrust and Trade Regulation
•Develop minimum retail pricing policies communicated by manufacturer to its distributors
•Defense of franchisor accused of violating antitrust laws by stopping a supplier from selling to the franchisees
•Defense of manufacturer accused of colluding with competitors on retail pricing
•Analyze price discrimination claims under Robinson-Patman Act

Trademarks, Domain Names & Other Brand Protection
•Advise clients in selecting business names and logos
•Represent clients in protecting and enforcing trademark rights over names and logos
•Prepare and negotiate agreements for the licensing, purchase and sale of trademark rights

General Information
•Member: Maryland State Bar Association; Chair, Franchise Law Committee
•Member: District of Columbia Bar Association
•BV Peer Review Rated: Martindale-Hubbell

Selected Publications
•Recent publications viewable at www.FranBusLaw.com/inthenews.htm and www.FranBusLaw.com/blog
Why Have the Rule? Recent Opinion May Decrease Compliance with FPR Disclosure Requirements, The Franchise Lawyer (ABA Forum on Franchising), Winter 2012
Mobility, the Home, and the Scope and Application of State Franchise Relationship and Termination Laws, ABA Franchise Law Journal, Fall 2010 (Co-author)
Washington Ruling Raises Area Representative Disclosure Issues, The Franchise Lawyer (ABA Forum on Franchising), Winter 2009
•Co-Author and Faculty Member, The Impact of the Uniform Commercial Code on Franchising, ABA Forum on Franchising Annual Convention, October 2006

Recent Professional Involvement and Presentations
•Presenter on Franchising Regulation at the Maryland State Bar Association Business Law Institute 2010
•Member, MSBA Business Law Section Council, 2005 - 2009
•Chair, MSBA Business Law Section, Franchise Law Committee, 2007 - 2009
•Presenter, Are You Ready to Franchise Your Restaurant? at the National Restaurant Association Convention, May 2008, and the Mid-Atlantic Food & Beverage Expo, September 2007

Events
IFA Baltimore-area Franchise Business Network Meeting
October 29, 2014 - 11:45am - 2:00pm
Local Marketing Strategy & Franchisee Engagement - WTP hosting
May 14, 2014 - 12:00pm - 2:30pm
Leasing to Franchises: a primer for landlords and tenants - WTP speakers
December 10, 2013 - 12:15pm - 1:30pm

Articles
Federal Trade Commission Cracking Down on Professional Associations That Inhibit Competition
Appeals Court Upholds Silent Fraud Jury Verdict under Franchise Investment Law
What s the Value-Add of a Full-Service Law Firm?

Press Releases
David Cahn Recognized in Who s Who Legal for Franchise Law
David Cahn Named to International Who s Who of Franchise Lawyers
David L. Cahn Earns Certified Franchise Executive Designation

Resources

A Legal and Practical Guide for Maryland Small Business

 
ISLN911223147
 

Documents by this lawyer on Martindale.com

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Federal Trade Commission Cracking Down on Professional Associations That Inhibit Competition
David L. Cahn, September 29, 2014
Take-away: While it is tempting for a professional association to tell its members not to “poach” each others’ customers, doing so violates federal antitrust law.

Appeals Court Upholds "Silent Fraud" Jury Verdict under Franchise Investment Law
David L. Cahn, August 12, 2014
Take-away: If your franchise offering document is silent on key issues, you can be liable if your people “oversell” to a potential franchisee. Better to deal with the issue in carefully vetted writing than to be surprised by something your people say off the cuff.

Enforcing Quality Standards in Hotel Franchise Agreements
David L. Cahn, August 12, 2014
Take-away. A franchisor’s diligence in conducting and documenting quality assurance inspections is as important as ever, particularly if the franchisor seeks to exercise its ultimate weapon - termination of the franchise agreement. Prudent inspection and documentation practices are...



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Office Information

David L. Cahn

7 Saint Paul Street
BaltimoreMD 21202-1626




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