Max is a principal at Gray Plant Mooty and practices primarily in the area of franchise and distribution law, assisting and counseling franchisors in structuring domestic and international franchise programs. He also advises clients on issues of disclosure and registration, relationship matters, supply chain maintenance, advertising, licensing, and acquisitions. Max works with start-ups, as well as with nationally-recognized franchisors with multiple brands. He frequently writes and speaks on franchise-related topics, both locally and nationally, and is the current Editor-in-Chief of The Franchise Lawyer. Max also was awarded the Certified Franchise Executive™ designation by the International Franchise Association.
Experience
- Working with franchisors to prepare and update franchise disclosure documents, and file and maintain all related state registrations
- Strategizing and consulting with franchisors to prepare meaningful financial performance representations
- Negotiating and preparing agreements on behalf of franchisors, including franchise agreements, multiple unit and area development agreements, development agent agreements, reservation agreements, test agreements, management agreements, confidentiality and noncompete agreements, licensing agreements, and advertising agreements
- Negotiating and preparing agreements between franchisors with their manufacturers, suppliers, and distributors
- Assisting franchisors in the acquisition of additional franchise systems, or the reacquisition of rights from existing franchisees
- Negotiating and preparing a variety of different international agreements for franchisors, including master franchise agreements, territory agreements, multiple unit development agreements, franchise and subfranchise agreements, test agreements, and distribution agreements
Publications
- “Expansion Options: Multi-Unit and Third Party Arrangements,” Franchising World, coauthor, April 2008
- “The Amended FTC Franchise Rule: Much Ado About Nothing?” The Franchise Lawyer, American Bar Association, Forum on Franchising, coauthor, Volume 10, Number 3, May 2007
- “The ‘Do's’ and ‘Don’ts’ of Lead Follow-up,” Franchising World, November 2006
- “FTC Releases Staff Report on Proposed Franchise Rule Changes,” The Franchise Lawyer, ABA, Forum on Franchising, Volume 8, Number 1, Summer 2004
Presentations
- “Taking Your Franchise System to the Next Level,” IFA’s West Coast Franchise Expo (“WCFE”), cospeaker, L.A. Convention Center, November 2011 and 2010; IFA’s International Franchise Expo (“IFE”), cospeaker, Washington Convention Center, April 2011
- “10 Commandments of Franchise Sales,” IFA’s WCFE, cospeaker, L.A. Convention Center, October/November 2005-2011; IFA’s Franchise Expo South (“FES”), cospeaker, Miami Beach Convention Center, January 2008-2010
- “Fundamentals 201: Starting a Franchise System: Practical Considerations, Planning and Development,” ABA’s 33rd Annual Forum on Franchising, cospeaker, The Hotel Del Coronado, San Diego, California, October 2010
- “Beyond Single Unit Franchising: Expanding Franchise Systems Through Multiple Unit and Third Party Arrangements,” IFA’s FES, cospeaker, Miami Beach Convention Center, January 2010 and 2008; IFA’s WCFE, cospeaker, L.A. Convention Center, October/November 2006-2009
- “Revitalizing Your Franchise System: Proactive Use of the Franchise Resale Process to Improve the Health of Your System,” IFA’s FES, cospeaker, Miami Beach Convention Center, January 2010 and 2009
- “Establishing a Game Plan for Successful Unit Franchise Sales—The Key to Master Franchisee Success,” IFA’S IFE, cospeaker, Washington Convention Center, March/April 2010 and 2009
- “Inside the Deal: Avoiding Critical Mistakes in Negotiating a Master Franchise,” IFA’S IFE, cospeaker, Washington Convention Center, March/April 2010 and 2009
- “Is Your Franchise Sales Compliance Program Up to Date: Best Practices in the Post-Amendment World,” panel moderator, 49th IFA Annual Convention, Manchester Grand Hyatt, San Diego, California, February 2009
- “Implementing Electronic Disclosures,” 49th IFA Annual Convention, cofacilitator of Business Solution Roundtable, Manchester Grand Hyatt, San Diego, California, February 2009
- “Embracing the Amended Franchise Rule: What Franchisors Can and Should Be Doing From a Business Perspective,” IFA’s 48th Annual Franchise Convention, cofacilitator of Business Solution Roundtable, Marriott World Center, Orlando, Florida, February 2008
- “Redesigning Your Franchise Sales and Compliance Programs to Meet the New FTC Disclosure Landscape,” IFA’s FES, cospeaker, Miami Beach Convention Center, January 2008
- “Preventing Supply Chain Disputes: Best Disclosure and Contract Practices,” IFA’s 40th Annual Legal Symposium, moderator/speaker, Capital Hilton Hotel, Washington, DC, May 2007
Education
- University of Iowa College of Law, J.D., with distinction, 1993
- Grinnell College, B.A.
Bar Admissions
- Minnesota, 1993
- U.S. District Court of Minnesota, 1993
Professional Activities
- American Bar Association, Forum on Franchising
- Editor-in-Chief, The Franchise Lawyer
- Member of Leadership Group
- International Franchise Association
- Member of Legal/Legislative Committee
- Former member of Legal Symposium Task Force
- Minnesota State Bar Association
- Hennepin County Bar Association
Honors and Distinctions
“Legal Eagle,” Franchise Times, 2007-2013
The International Who’s Who of Franchise Lawyers, 2011-2012
Named one of the top franchise law attorneys by Chambers USA: America’s Leading Lawyers for Business, 2011-2012
Certified Franchise Executive™, Institute of Certified Franchise Executives
- “Rising Star,” Law and Politics, 2001, 2002, 2005, 2006
Community Involvement
- The Advocates For Human Rights
- Board member since 2010
- Long-time volunteer attorney
- Former member of Refugee and Immigrant Program Steering Committee