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Bret Lowell  


Partner

bret.lowell@dlapiper.com

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One Fountain Square
11911 Freedom Drive, Suite 300
Reston, Virginia 20190-5602
United States
T: +1 703 773 4242   F: +1 703 773 5053

Bret Lowell is an internationally recognized leader in franchise and distribution law and has counseled and represented clients across a broad spectrum of industries, including restaurants and food service, car rental, hotel and motel, health care, financial services, high tech, real estate and retail.

Mr. Lowell's experience includes extensive analysis as to whether arrangements constitute "franchises"; drafting and negotiating domestic and international franchise, distribution, and license agreements; preparation and filing of disclosure documents; counsel and advice regarding the establishment and operation of franchise and distribution systems; counsel and advice regarding termination, transfer, and renewal obligations; dispute resolution, including representation before federal and state government agencies; mediation; due diligence reviews and document preparation in connection with public offerings, mergers, and acquisitions; and trademark and other intellectual property matters.

Mr. Lowell writes and speaks extensively on franchise-related topics in a variety of forums.

He is widely recognized for his practice. The respected research firm Chambers & Partners has repeatedly recognized him in Chambers USA: America's Leading Lawyers for Business, calling him "a superb transactional lawyer" and "an expert counselor" and noting that he "is singled out by peers as one of the leading lights of the franchising team. Especially noted for his transactional work, both domestic and international, he offers formidable technical knowledge of the franchising field."

Mr. Lowell has also been listed in The International Who's Who of Franchise Lawyers, in The Best Lawyers in America and in Who's Who in America. Washingtonian magazine has named him one of the Best Lawyers in Washington. Mr. Lowell was also listed in the 2005-2010 Who's Who Legal: The International Who's Who of Business Lawyers and named both a Virginia Super Lawyer and a Washington, DC Super Lawyer. Franchise Times has named him to its list of "Legal Eagles," the top 101 franchise lawyers in the US and Canada.

Admissions

  • District of Columbia
  • Virginia

Memberships

  • American Bar Association
  • ABA - Forum on Franchising (Immediate Past Chair 1995-96, Chair 1992-95, Governing Committee 1988-92, Membership Chair 1988-89)
  • Program Chair, 13th Annual Forum on Franchising (1990)
  • Board of Editors, Law Journal Newsletters Franchising & Business Law Alert
  • Editor, Franchise Law Journal (1984-88)
  • ABA - General Practice Section Franchise Law Committee (Chair 1989-90, Vice Chair 1985-89, 1990-92)
  • ABA - Antitrust Law Section, Franchising Committee
  • ABA - Business Law Section
  • ABA - Patent, Trademark, and Copyright Law Section
  • International Franchise Association
  • IFA Educational Foundation
  • IFA - Legal/Legislative Committee
  • IFA - Certified Franchise Executive
  • International Bar Association
  • IBA - Section on Business Law, International Franchising Committee
  • District of Columbia Bar Association - Antitrust, Trade Regulation and Consumer Affairs Division
  • American Intellectual Property Law Association - Licensing and Franchising Law Committees
  • Licensing Executive Society - Trademark Licensing Committee
  • Rosenberg International Center of Franchising - Advisory Board
  • Franchise Advisor, Franchise and Business Opportunities Committee, North American Securities Administrators Association, Washington, DC
  • Arbitrator, Franchise Arbitration and Mediation, Inc., Newport Beach, CA
  • Delegation Leader, Citizen Ambassador Program, International Franchise Delegation to the Far East

Publications

  • "Supplement to Legal Aspects of Selling and Buying," 3rd edition (2011) (and prior)
  • "Thirty Years of Franchising," a conversation with Past Chairs of the American Bar Association Forum on Franchising, Franchise Law Journal (Fall 2007)
  • "NASAA Considers New Policy to Diffuse State Franchise Registrations Throughout the Year," Franchise Law Journal, a quarterly publication of the American Bar Association Forum on Franchising (November 2003)
  • "Managing the International Reach of US Laws," International Journal of Franchising and Distribution Law (2001)
  • "European Union Issues Vertical Restraint Guidelines," Franchising World (2000)
  • Franchise Law Compliance Manual, ABA Forum on Franchising Book Collection (2000)
  • "The Encroachment Dilemma," Hotels' Investment Outlook ( 1999)
  • "The Perils of Internet Franchise Offers," Franchising Business and Law Alert (1998)
  • Franchising: Regulation of Buying and Selling a Franchise, BNA Corporate Practice Series, 2d ed. (1997)
  • Franchising, Federal Publications, Inc. (1996)
  • "Dual Branding: The New Franchising Phenomenon," Franchising Business and Law Alert (1995)
  • "Do US Franchise Laws Cover International Franchise Sales?," CCH Global Franchising Alert (1994)
  • "The Application of U.S. Franchise Laws to International Franchise Sales," CCH Global Franchising Alert (1994)
  • "Extra-Territorial Application of US Franchise Registration and Disclosure Laws in International Franchise Transactions," Journal of International Franchising and Distribution Law (1993)
  • "How to Avoid Disputes With Franchisees," International Franchise Association (1992)
  • "Franchise Licensing for Franchisors," Franchise UPDATE (1991)
  • "Growth By Franchising: What Both Sides Need to Know," Hotels (1991)
  • "7th Circuit Delivers Triple Threat to Franchisors," Franchise Legal Digest (1991)
  • "State and Federal Franchise Protection in the United States," Franchise Unlimited (1991)
  • Fundamentals of International Franchising, ABA Forum on Franchising and International Bar Association (1991)
  • Multiple-Unit Franchising: The Key to Rapid System Growth, International Franchise Association (1991)

Seminars

  • Presenter, "How to Sell a Franchisor," and Moderator, "Franchisor's Role in Franchisee Financing," West Coast Franchise Expo, Los Angeles (November 2011)
  • "Due Diligence, Deal Structuring, and Pricing – Four Top Deal Professionals Explain How They Identify and Navigate the Unique Issues of Franchise Deals," at Private Equity Investing in Franchise Companies: How to Identify, Analyze, & Profit from Their Hidden Value, a Capital Roundtable Conference, New York (October 2011)
  • "Franchise Finance Legal Issues Review with Expert Panelists" Webinar (July 2011)
  • "The Franchisor's Role in Franchisee Financing," International Franchise Expos (April 2011) (and prior)
  • "Principles of Franchise Management," IFA's 51st Annual Convention, Las Vegas (February 2011)
  • "Legal Considerations in Adapting Your Concept for International Markets," International Symposium on Franchising, Singapore (October 2010)
  • "Gift Cards and Loyalty Programs," 33rd Annual ABA Forum on Franchising, San Diego (October 2010)
  • "Franchise Top Ten for 2010," at Charting Your Course for Success, the FSBI 2010 11th Annual Conference, Fort Lauderdale, Florida (September 2010)
  • "Co-Branding and Multi-Unit Branding," International Franchise Expo (April 2010)
  • "Franchisor's Role in Franchisee Financing," International Franchise Association's 50th Annual Convention, San Antonio, Texas (February 2010)
  • Moderator, "Fundamentals of Helping Restaurant Companies Survive the Recession," Capital Roundtable program on Private Equity and Mezzanine Investing In Middle-Market Restart Companies (January 2009)
  • "Fundamentals of International Franchise Law," Franchise Association of Argentina, Buenos Aires (September 2007)
  • "Multi-Unit Summit," Differences in Forms of Franchising: Area Development, Subfranchising & Area Representation, Las Vegas (February 2007)
  • Interview subject, "Franchise Investments," CNN Financial News Television's Your Money Show, (January 14, 2004)
  • "Electronic Disclosure Through the Internet and Diskette," North American Securities Administrators Association, Franchise and Business Opportunity Training Seminar, New Orleans, Louisiana (May 2003)
  • "Registration and Disclosure Law Update," International Franchise Association, 34th Annual Legal Symposium, Washington, DC (May 2001)
  • "How to Sell Franchises Without Getting into Trouble," International Franchise Expo, Washington, DC (May 2001) (and prior)
  • "How the Internet Is Transforming Franchising," Franchise Times Franchise Finance Conference, Las Vegas (February 2001)
  • "Franchise Law Basics," International Franchise Association, Institute of Certified Franchise Executives, Las Vegas (February 2001)
  • "Managing the International Reach of US Franchise Laws," International Bar Association/International Franchise Association, Washington, DC (May 2000)
  • "Practical Advice for International Franchising in the New Millennium," International Bar Association/International Franchise Association, Washington, DC (May 2000)
  • "The Legal Structure of the Franchise Relationship," International Franchise Association, Institute for Certified Franchise Executives, San Diego (February 2000)
  • "Franchising as an Economic Development Tool, " World Bank Headquarters, Washington, DC (January 2000)


EDUCATION

  • J.D., Georgetown University Law Center 1978
    Omicron Delta Epsilon; Editor, American Criminal Law Review (1977-1978)
  • B.A., State University of New York 1975 magna cum laude
    Phi Beta Kappa

EDUCATION

  • J.D., Georgetown University Law Center 1978
    Omicron Delta Epsilon; Editor, American Criminal Law Review (1977-1978)
  • B.A., State University of New York 1975 magna cum laude
    Phi Beta Kappa

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