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Lawyers

David L. Cahn
Partner
7 Saint Paul Street
Baltimore, MD 21202-1636
Phone: 410.347.9442
Fax: 410.234.2312
dcahn@wtplaw.com
Awards

The focus of Mr. Cahn's practice is franchising law and entrepreneurship. 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, GO Airport Shuttle and Structural Elements
  • 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
  • Represent crane rental company in $12,000,000 acquisition of competitor
  • Negotiate contracts with Pharmacy Benefit Managers on behalf of cooperative of independent pharmacies

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
  • Counsel trade associations on compliance with antitrust restrictions
  • 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

Recognitions

  • Selected as a Franchise Time Legal Eagle, 2016
  • BV Peer Review Rated: Martindale-Hubbell
  • Certified Franchise Executive (International Franchise Association) since 2012

Publications & Presentations

  • Recent publications viewable at 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
  • Presenter on "Franchising Regulation" at the Maryland State Bar Association Business Law Institute 2010
  • 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
  • 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
  • Co-Author and Faculty Member, The Impact of the Uniform Commercial Code on Franchising, ABA Forum on Franchising Annual Convention, October 2006

Memberships & Activities

  • Board Member: Maryland State Bar Association, Business Law Section Council
  • Chair: MSBA Business Law Section, Franchise Law Committee, 2007 - 2009
  • Chair: Network for Teaching Entrepreneurship Baltimore-Washington Advisory Board
  • Board Member: United Way of Central Maryland, Baltimore City Partnership Board
  • Member: District of Columbia Bar Association
  • Member: Maryland Attorney General's Franchise Advisory Council
  • Member: University of Baltimore Center for Entrepreneurship and Innovation Advisory Board

Education

  • University of Pennsylvania (J.D. 1995)
  • Stanford University (B.A. 1990)