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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)