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David
A.
Beyer
Partner
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David Beyer concentrates his practice in organizing and structuring franchise and other distribution programs; negotiating and preparing complex franchise, subfranchise, and distribution agreements; representing franchisors and subfranchisors in compliance with franchise disclosure and registration laws; evaluating and negotiating supply relationships; counseling on the impact of antitrust and trade regulation laws; international franchising and distribution matters; preventing and resolving franchise disputes; assisting in franchise and dealership terminations; mergers and acquisitions; structuring dealership and licensing programs; capital raising; and other related corporate and business matters.
His practice also involves counseling on other sales and distribution methods, such as licensing, multi-level distribution, direct selling, sales representatives, dealerships and business opportunities, with a special emphasis on avoiding burdensome franchise sales laws. Recently, he has actively represented franchisors on technology-related issues, including web site development, e-commerce, cybersquatting and channel conflict.
Mr. Beyer is a leader in the development of franchise law in Florida. He has served multiple terms as chairman of the Franchise Law Committee of the Florida Bar. In that role, he has led successful efforts both to improve franchise laws in Florida and defeat destructive proposed legislation.
Mr. Beyer speaks and writes on various franchise, distribution and business law topics. He has frequently addressed the International Franchise Association, the American Bar Association, the Florida Bar, other bar associations and a variety of industry groups and university-sponsored programs. He has served as a panelist for IFA Legal Roundtables, the IFA Annual Legal Symposium and the American Bar Association's Annual Franchise Forum.
A frequent author, his articles have appeared in the Vanderbilt Law Review, the ABA Franchise Law Journal, the Florida Bar Journal, the IFA Franchise Legal Digest, Franchising World, the Florida Bar Quarterly Report, DLA Piper's FranCast and Dispute Resolution Times. Mr. Beyer is a co-author of the book Annual Franchise and Distribution Law Developments 2008 and was honored to present the highlights at the Annual Franchise Forum in Austin in October 2008. He has also coauthored chapters on franchise law topics in The Franchise Desk Book, an ABA publication. Mr. Beyer is also a contributing author to Franchise Law and Practice, a Florida Bar publication. He currently serves as associate editor for the Franchise Law Journal, an American Bar Association publication.
Mr. Beyer is named in The Best Lawyers in America®. Selection to that guide is based on a peer-review survey in which 16,000 leading attorneys throughout the United States participate. He is one of only 174 lawyers worldwide selected in An International Who's Who of Franchise Lawyers. Mr. Beyer is rated "AV" by the Martindale-Hubbell Law Directory, the highest rating attainable. He has been selected as a Florida Super Lawyer by Florida Super Lawyers magazine, an honor only 5 percent of attorneys in Florida receive, based on peer nominations, a blue ribbon panel review process and the magazine's independent research on candidates. He has been repeatedly selected by Franchise Times as a Legal Eagle in the franchising community, one of only 101 lawyers in the USA and Canada.
Admissions
Memberships
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Past Multiple-Term Chairman, Antitrust, Franchise and Trade Regulation Committee of the Florida Bar (also a founding member)
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International Franchise Association's Council of Franchise Suppliers
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International Franchise Association Legal Legislative Committee
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American Bar Association Forum Committee on Franchising
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The Fellows of the American Bar Foundation (limited to 2 percent of the ABA)
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Founder, Director, Vice President, and General Counsel to Florida Franchise Association, Inc., a nonprofit trade association of franchisors and subfranchisors doing business in Florida
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General Counsel to the Florida Coalition for Responsible Franchising, Inc., an organization created to sponsor legislation to promote franchising in Florida
Publications
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Co-author, Annual Franchise and Distribution Law Developments 2008, American Bar Association Forum on Franchising (October 2008)
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Contributing Author, Franchise Law and Practice, published by The Florida Bar (2008)
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"Franchise Lead Referral Networks: Brokers or Consultants?" Franchising World (May/June 2003)
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Co-author, Florida Law Chapter, "Franchise Desk Book - Selected State Laws, Commentary and Annotations," American Bar Association Forum on Franchising (First Edition, 2001 and Second Edition, 2008)
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Co-author, "Making the World Safe for Franchising: Nieman v. Dryclean USA," Florida Bar Journal (February 2001)
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"Estimated Initial Investment Claims: Strict Liability or Strictly Folly?" Franchise Law Journal (Winter 2000)
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"Vicarious or Derivative Liability," IFA Judicial Update, Washington, DC, May 17-19, 1998.
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"ADR and Franchise Disputes," American Arbitration Association, Dispute Resolution Times, Midwest and Southern Edition (Spring 1997)
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"Florida Clarifies Enforcement of Noncompetes," American Bar Association, Franchise Law Journal, Vol. 16, No. 4 (Spring 1997)
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"New Florida Legislation Clarifies Enforcement of Noncompetes," Florida Bar Quarterly Report, Vol. IX, No. 1 (August 1996)
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"Franchise Vicarious Liability in Florida : A Survey and Recent Developments," Florida Bar Journal, Volume LXIX, No. 2, February 1995 and Volume LXIX, No. 3 (March 1995)
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"Florida Becomes the Battleground for Vicarious Liability," IFA Franchise Legal Digest, Volume I, (Spring 1995)
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"Advertising Pools and the Free Rider Problem -- Who Can Sue?" Franchise UPDATE (Second Quarter 1992)
Seminars
- "Administering a Franchise Program: Compliance Programs and Goals," International Franchise Expo, Washington, DC (March 21, 2009)
- "Franchising as an Expansion Strategy," International Franchise Expo, Washington, DC (March 20, 2009)
- "Annual Franchise and Distribution Law Developments 2008," 31st Annual American Bar Association Forum on Franchising, Austin, Texas (October 2008)
- "Franchise Law Compliance Training," 47th Annual International Franchise Association Convention, Las Vegas, Nevada (February 2007)
- "Elements of Successful Franchising," International Franchise Expo, Miami, Florida (January 2007)
- "International Franchising: A Global View From the United States," Barcelona-Florida International Legal Symposium 2004, Barcelona, Spain (April 2004)
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"Franchise Sales Compliance," IFA Franchise Development Conference, Miami, Florida (April 2004)
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"Franchise Law," Franchise 101 Bootcamp, City of St. Petersburg Economic Development Department (November 2003)
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"Franchising in the Professions," 26th Annual American Bar Association Forum on Franchising, Hollywood, Florida (October 2003)
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"Franchise Sales and Disclosure Laws," Florida Bar Continuing Legal Education Committee and the Business Law Section, Miami, Florida (January 2003)
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"Selling Franchises Without Getting Into Trouble,"International Franchise Expo, New Orleans, Louisiana (April 2002)
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"The Use of Technology in Franchising," International Franchise Expo, New Orleans, Louisiana (April 2002)
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"Franchise Law Basics," Institute for Certified Franchise Executives, International Franchise Association Educational Foundation, Orlando, Florida (February 2002)
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"The Prevent Defense," 2001 Legal Roundtable Series, International Franchise Association, Ft. Lauderdale, Florida (November 2001)
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Facilitator, Channel Conflict Business Roundtable, Internet Track, 41st Annual International Franchise Association Convention, Las Vegas, Nevada (February 2001)
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Speaker, Multi-Level Marketing Seminar, Direct Selling Association, Baltimore, Maryland (February 2001)
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"Selling Franchises Without Getting Into Trouble," International Franchise Expo, Orlando, Florida (May 2000)
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"Franchise Issues Under the Florida Deceptive and Unfair Trade Practices Act, Florida Bar, Miami, Florida (January 14, 2000)
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Branding Options and Alternatives, The 1999 Rudnick & Wolfe Lodgings and Timeshare Summit, Chicago, Illinois (February 3-4, 1999)
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"Multilevel Marketing and Direct Selling," ABA Forum on Franchising Annual Meeting, Colorado Springs, Colorado (October 1997)
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"Multilevel Marketing and Direct Selling: Laws and Regulations," ABA Forum on Franchising, Colorado Springs, Colorado (October 22-24, 1997)
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"Florida 's Noncompete Law, Practical Aspects of Franchisee Representation," Florida Bar, Miami, Florida (December 20, 1996)
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"Master Franchising in the International Arena," Florida Bar, Miami, Florida (December 8, 1995)
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"Limited Liability Companies: What They Are and What You Do With Them," ABA Forum on Franchising, Orlando, Florida (October 11-13, 1995)
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"Franchise Law: An Overview of Federal and State Regulation of the Sale of Franchises," USF Small Business Development Center Legal Forum, Tampa, Florida (September 26, 1995)
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"Multiple-Unit Franchising," Florida Franchise Association, Ft. Lauderdale, Florida (December 9, 1994)
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"Franchisor Liability for its Franchisees' Operations: Their Liability May Be Your Liability!" Florida Franchise Association, Tampa, Florida (August 11, 1994)
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"Ending the Confusion on Earnings Claims," an analysis prepared for the Florida Franchise Association (May 20, 1994)
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"The Impact of Franchise Laws on Negotiations With Prospective Franchisees and The New UFOC: For Better or For Worse, Emerging Issues and Franchise Negotiations," Florida Bar, Miami, Florida (December 10, 1993)
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"The Proposed Florida Fast Food Franchise Practices Act: Franchisees Have It Their Way," an analysis prepared for the Florida Franchise Association and the Florida Coalition for Responsible Franchising, Inc. (December 1993)
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"The New UFOC: For Better or For Worse," Florida Franchise Association, Tampa, Florida (September 23, 1993)
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"Summary of the Iowa Franchise Act," Florida Franchise Association, Tampa, Florida (September 23, 1993)
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"International Franchising: A Travel Guide," "International Law Update: Emerging Practice Areas for Florida Lawyers," Florida Bar, Lake Buena Vista, Florida (June 25, 1993)
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"Master Franchising/Subfranchising," International Franchise Association 26th Annual Legal Symposium, Washington, DC (May 24-25, 1993)
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"Vacation Clubs: Ultimate Flexibility," American Resort Developers Association Convention, Miami, Florida (April 26, 1993)
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"Legal Considerations in Establishing Franchise Programs, Franchise Law and Practice," Florida Bar (1993)
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"Legislative Assault: Balancing the Scales or Franchisee Protectionism," Florida Franchise Association, Tampa , Florida (November 5, 1992)
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"Planning and Financing the Franchise System," First Annual Statewide Franchise Conference, University of Central Florida, Orlando, Florida (May 29, 1992)
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"Franchise Divorce: Terminations and Breakaways. Franchise Disputes in Arbitration, Litigation and Mediation," Florida Bar, Miami, Florida (December 13, 1991)
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"Summary of Financial Statement Requirements for Franchising," Florida Franchise Association, Orlando, Florida (November 1, 1991)
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"Breaking Up is Hard to Do: Divorce and Alternatives in Franchise Relationships," IFA Legal Roundtable, Miami, Florida (October 29, 1991)
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"Enhancing Collection of Royalties and Service Fees Through the Franchise Agreement," Florida Franchise Association, Tampa, Florida (June 13, 1991)
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"Participation in Franchise Shows," Florida Franchise Association, Orlando, Florida (March 9, 1991)
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"Multiple-Unit Franchising, Franchising and its Alternatives," Florida Bar, Miami (Florida, December 14, 1990)
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"Introduction to Regulation of Multi-Level Marketing Methods: Focus on Florida, Franchising and its Alternatives," Florida Bar, Miami, Florida (December 14, 1990)
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"Multiple Unit Franchising," Florida Franchise Association, Ft. Lauderdale, Florida (November 13, 1990)
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"Earnings Claims and UFOC as a Sales Tool," Florida Franchise Association, Ft. Lauderdale, Florida (November 13, 1990)
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"Advanced Disclosure Regulation and Compliance," IFA Legal Roundtable, Miami, Florida (October 16, 1989)
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"Dispute Management and Arbitration," IFA Legal Roundtable, Miami, Florida (October 17, 1989)
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"An Overview of Franchise Laws," Orange County Bar Association, Orlando, Florida (October 15, 1987)
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"Raising Capital Through Private Placements," Radiologist Conference on Development of Magnetic Resonance Imaging Facilities, Lake Buena Vista Palace (Florida, July 1987)
EDUCATION
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J.D., Vanderbilt University Law School 1982
Beta Gamma Sigma Member, Vanderbilt Law Review
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M.B.A., Tulane University 1979
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B.A., Tulane University 1978
 The Martindale-Hubbell Peer Review icon is a service mark of Reed Elsevier Properties Inc., used under permission from Reed Elsevier Properties Inc. in accord with the terms and conditions established by Martindale-Hubbell.
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EDUCATION
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J.D.,
Vanderbilt University Law School
1982
Beta Gamma Sigma Member, Vanderbilt Law Review
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M.B.A.,
Tulane University
1979
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B.A.,
Tulane University
1978
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