31st Annual Forum on Franchising

October 15 - 17, 2008The Hilton, Austin, TX

The American Bar Association Forum on Franchising®

Come join us in Austin, Texas, widely known as the “Live Music Capital of the World,”for what promises to be another spectacular Forum. The Hilton Austin is located justblocks from historic Sixth Street and the Warehouse District, known worldwide for theirsuperb live music venues and restaurants. Along with timely and insightful programsand materials and great opportunities for networking and relaxation in Austin’s uniqueenvironment, this year’s Forum will include some of the best in live music entertainment.

The Forum will again present a mix of first-rate practical, educational and entertaining programs offering something for everyone, whether you are in-house oroutside counsel, counsel to franchisors or franchisees, a litigator or a transactionallawyer, experienced or new to franchise law, or an international practitioner. ThreeWednesday “Intensives” will offer full-afternoon programs on the insights gleaned bypractitioners and regulators in interpreting and complying with the new disclosureregime imposed by the amended FTC Rule, an in-depth look by some of the country’sforemost franchisor and franchisee litigators, along with a respected evidence professorfrom the University of Texas Law School, at critical evidentiary and trial issues that oftenarise in franchise litigation, and the Forum’s perennially popular Fundamentals ofFranchising® program. Thursday’s plenary session will be a program on written advoca-cy and contract drafting given by Bryan Garner, dubbed by The New York Times as “thepersnickety stylist for a linguistically challenged profession,” whose latest book on legalargument, co-authored with Justice Antonin Scalia, is scheduled for release this Spring.In addition to the Forum’s signature Annual Developments plenary session on Friday,this year’s Forum will also include a full slate of cutting-edge workshops Thursday andFriday on franchise counseling issues, developments in international franchise law,advanced franchise litigation issues, and ethics issues arising in a multi-jurisdictionalfranchise practice.

In the evenings, we will enjoy some of Austin’s live music and unique venues. Thursdaynight’s reception/dinner will be held at the new Bob Bullock Texas State HistoryMuseum and will include performances by LZ Love and Carolyn Wonderland. Fridayevening will also be truly special, with a casual dinner at Antone’s, one of the true homesof the blues in the United States, followed by an evening of high-energy southern popand roadhouse blues with nationally renowned singer/pianist Marcia Ball.

On Saturday, you can participate in the Forum’s annual community service event, orenjoy an excursion with guests into the beautiful Texas hill country.

Austin’s roles as the capital of Texas, the home of the University of Texas, and the cen-ter of the live music industry combine to create an atmosphere that is one of a kind, andthe franchise legal programs at this year’s Forum will again be the most useful andinformative anywhere. This Forum will be memorable, and we look forward to seeingyou there.

Joseph J. Fittante, Jr. Peter J. KlarfeldProgram Co-Chair Program Co-Chair

CHAIREDWARD WOOD DUNHAM (2009)Wiggin & Dana LLPNew Haven, CT

IMMEDIATE PAST CHAIR DENNIS E. WIECZOREK (2009)DLA Piper US LLPChicago, IL

GOVERNING COMMITTEE MEMBERSCAROL ANNE BEEN (2009)Sonnenschein Nath and Rosenthal LLPChicago, IL

HARRIS J. CHERNOW (2009)Chernow Katz, LLCHorsham (Philadelphia), PA

JOSEPH J. FITTANTE, JR.(2010)Larkin Hoffman Daly & Lindgren Ltd.Minneapolis, MN

RONALD K. GARDNER, JR. (2009)Dady & Garner, P.A.Minneapolis, MN

DAVID J. KAUFMANN (2008)Kaufmann Feiner Yamin Gildin & Robbins LLPNew York, NY

PETER J. KLARFELD (2010)Wiley Rein LLPWashington, DC

RICHARD L. KOLMAN (2008)Mail Boxes Etc., Inc.San Diego, CA

LESLIE SMITH-PORTER (2008)Foley & Lardner LLPMiami, FL

W. ANDREW SCOTT (2010)Paul Hastings Janofsky & Walker LLPAtlanta, GA

CORPORATE COUNSEL DIVISION DIRECTORKAREN SATTERLEE (2008)Starbucks Coffee CompanySeattle, WA

LITIGATION AND DISPUTE RESOLUTION DIVISION DIRECTORDAVID S. SAGER (2009)Day Pitney LLPFlorham Park, NJ

INTERNATIONAL FRANCHISE AND DISTRIBUTION DIVISIONDIRECTORLAWRENCE M. WEINBERG (2008)Cassels Brock & Blackwell LLPToronto, Ontario, Canada

FRANCHISE LAW JOURNALEDITOR-IN-CHIEF DEBORAH S. COLDWELL (2009)Haynes and Boone, LLPDallas, TX

THE FRANCHISE LAWYEREDITOR-IN-CHIEF GENEVIEVE BECK (2009)Carlson Companies Inc.Minnetonka, MN

ABA YOUNG LAWYERS DIVISION LIAISON LESLIE D. CURRAN (2009)Plave Koch PLCReston, VA

INCOMING GOVERNING COMMITTEE MEMBERSKERRY L. BUNDY (2011)Faegre & BensonMinneapolis, MN

KATHRYN KOTEL (2011)McDonald’s CorporationOak Brook, IL

LESLIE SMITH-PORTER (2011)

FORUM DIRECTORKELLY A. RODENBERGAmerican Bar AssociationChicago, IL

Leadership

2007– 2008 • FORUM ON FRANCHISING

IntensivesI-1 Fundamentals of Franchising®

This program provides a comprehensive overview of franchise law for those whowant an introduction to the field, as well as those who would like a refresher onone or more areas of franchise law. Some of the nation’s top franchise lawyers willdiscuss structuring the franchise relationship, disclosure and registrationrequirements, defining and protecting a franchise system’s intellectual property,franchise relationship laws, antitrust considerations and representation offranchisees.

Speakers: Jennifer C. Debrow Harris J. Chernow Steven M. GoldmanKathryn M. Kotel Leslie Smith-Porter Dennis E. Wieczorek

I-2 Developments Under the Amended FTC Rule – Learning from our MistakesWhen the amended FTC Franchise Rule and Statement of Basis and Purpose wereadopted in January 2007, no additional guidelines were issued at the time. Sincethen, both NASAA and the FTC have worked to clarify some potentially ambiguousprovisions of the amended Rule. A panel of veteran franchise lawyers, anexperienced franchise paralegal and federal and state regulators will review thedevelopment of additional commentary on the amended Rule, including therecently issued FTC Compliance Guide, and provide insight on issues clarified aswell as those left unresolved. In addition, with the mandatory compliance date fordisclosure under the amended Rule having passed, the panel will discuss lessonslearned to date. This workshop will also draw on the experiences of state regulatorswho will describe issues they are encountering in the registration process, and thepanelists will discuss best practices in addressing them. Finally, the panelists willidentify the states that have not changed their laws to mirror the amended Rule’sdelivery or disclosure requirements, and will address special challenges in thosestates.

Speakers: Victoria T. Blackwell Dale Cantone Anne Connelly Lois C. Greisman(FTC) Susan Grueneberg Kevin P. Hein Janet L. Reyes

I-3 Evidentiary and Trial Issues in Franchise CasesIn this advanced program, experienced franchisor and franchisee trial counsel,together with a highly respected evidence professor from the University of TexasLaw School, will explore critical evidentiary and ethical issues that often arise in thetrial or arbitration of franchise disputes. The panelists will offer practical suggestionswith respect to introducing or objecting to key evidence and will consider thestrategic implications of evidence issues that must be considered in trial planning.The issues the panel will discuss include whether evidence of dealings with otherfranchisees can be introduced in a franchisee’s trial; whether outside franchisorcounsel who signed a termination letter (or drafted the franchise agreement) shouldbe disqualified from acting as trial counsel; whether trial counsel can interview theother side’s present or former employees without going through opposing counsel;whether a disclosure document is “extrinsic evidence;” what type of evidence isrelevant to proving or disproving an alleged breach of the implied covenant of goodfaith performance; and whether “expert” testimony on “the nature of franchising”or what is “normal in franchise arrangements” should be admitted into evidence.The panel will also consider cutting edge issues relating to the use and admissibilityof electronic evidence, including Internet postings, instant messaging, and historicweb pages. This program will be interactive with audience participationencouraged.

Speakers: Carmen D. Caruso Jon P. Christiansen Michael GarnerSteven Goode Robin M. Spencer

Program Descriptions

Plenary SessionsP-1 Making the Pen Mightier than the Sword

Written advocacy and contract drafting are critical to the role of franchise counsel, butwhen was the last time you really thought about and refined those skills? In thisplenary session, Bryan A. Garner, co-author with Justice Antonin Scalia of the recentbook “Making Your Case: The Art of Persuading Judges,” will help you do just that.Mr. Garner will focus on writing and drafting techniques that result in more effectiveand persuasive legal documents. At the end of this session, you will be better able toframe issues in a way that will get the judge’s attention; achieve a leaner style ofwriting; and draft clearer and more precise contracts. Join “America’s foremost scholaron the language of the law” to learn how to write more clearly and powerfully.

Speaker: Bryan A. Garner

P-2 Annual DevelopmentsThis is the Forum’s signature event. Join us for a lively, thoughtful and comprehensivereview of the year’s key judicial and legislative developments affecting franchising anddistribution.

Speakers: David A. Beyer Natalma M. McKnew

WorkshopsW-1 Advanced Disclosure Issues Under the Amended FTC Rule

This advanced program is a must if your practice involves franchise registration anddisclosure work. The panel will review the recently issued FTC Compliance Guide, theissues clarified by the Guide, and those left unresolved. The presenters will also identifyand address state-specific disclosure issues still outstanding after adoption by someregistration states of the amended FTC Rule. Finally, the presenters will discuss e-disclosure issues and share practice tips on thorny disclosure issues created by theamended Rule.

Speakers: Dale Cantone Lee J. Plave Craig Tregillus(FTC)William K. Woods

W-2 A Basic Overview of Franchise and Consumer Advertising Standards This program focuses not only on franchisee solicitation materials but also on consumeradvertising at the unit level. The program will discuss the different types of advertisingbeing used to solicit franchisees, what constitutes franchise advertising under variousstate laws, which states require the filing of advertising, timing of state approval,exemptions or exclusions from state law for certain types of advertising, and uniquestate requirements with respect to advertising. With respect to consumer advertising,the panel will discuss FTC guidelines on representations in advertisements, consumeror competitor false advertising claims, copyright infringement issues, and whatconstitutes mere “puffery”.

Speakers: Carol Anne Been Sarah J. Yatchak

W-3 Calculating and Proving Damages in Franchise Termination Cases How do you prove damages in a franchise termination case? Can the franchisor recoverlost future royalties if the termination is found justified? Can the franchisee recover lostfuture profits if the termination is found unjustified? Are liquidated damages provisionsdesirable and enforceable? Can punitive damages be awarded for a bad faith wrongfultermination? This program will cover the theory of contract damages and itsdevelopment under the laws of different states in franchise cases. It will also addressuse of expert witnesses in valuing a franchised business whose franchise agreement hasallegedly been wrongfully terminated. Franchisor and franchisee counsel and anexperienced damages expert will discuss these issues.

Speakers: Christopher P. Bussert Robert M. Einhorn Christopher A. Martinez

W-4 Recent Changes and Trends in International Franchise LawsThe international regulation of franchising grows every year as new countries introduceor amend their franchise laws. This round-up session will summarize the mostsignificant international franchise developments in the past three years. The speakerswill discuss the recent adoption of franchise sales laws in Belgium, Sweden, Viet Nam,and an additional Canadian province, and review significant changes to the franchiselaws in Australia, China, Indonesia, Mexico, South Korea, and Spain.

Speakers: Andrew P. Loewinger John Pratt

W-5 Determining the Rules of Engagement in Litigation Here and Abroad“The Rules of Engagement” in litigation are the initial procedural decisions regardingpersonal and subject matter jurisdiction, venue and transfer, and the applicable law.The Rules of Engagement were reported in last year’s Annual Developments programto be the subject most commonly addressed in reported franchise decisions. Moreover,these initial skirmishes often promote early settlement, either because there is a rulingthat the case will proceed in a venue that is considered inhospitable or because the lawfound to apply is considered unfavorable to one party. This program will provide anoverview of the current domestic and international law on these issues as they arepresented in franchise litigation, discuss the extent to which these issues can becontrolled contractually, and highlight tactical opportunities.

Speakers: Kirk W. Reilly Robert F. Salkowski Geoffrey B. Shaw

W-6 Operating Manuals – The Devil is in the DetailsThis program will include an overview of franchise Operating Manuals, and discuss thetiming, process and purpose of writing the Operating Manual, what informationshould be covered in it and the various forms that the Operating Manual may take.The panelists will also discuss techniques for drafting franchise agreement provisionsrelating to the Operating Manual; limitations on and risks relating to effecting systemchange through the Operating Manual; and vicarious liability and joint employer issuesarising out of the Operating Manual.

Speakers: Amy Cheng Craig Dietz David W. Oppenheim

W-7 Anatomy of the Sale of a BrandAs evidenced by the recent high profile sales of some large franchise companies,merger and acquisition activity in the franchise sector has heated up. This program is amust for any practitioner who may be involved in the acquisition or sale of a franchisecompany. The panel will discuss due diligence, disclosure, and encroachment issues,challenges in integrating multiple brands when each retains its prior identity, conversionissues when franchisees of one brand convert to the other brand, and the complexitiesassociated with operating multiple brands post-sale. The program will also explore thecommon provisions found in an acquisition agreement.

Speakers: Charles S. Modell Mark A. Robertson

W-8 Franchising in Unique VenuesWhat issues are presented when a franchisor allows a second franchise to be operatedwithin a host brand (for example, a branded restaurant within a hotel) or grantsfranchises in venues such as military bases, airports, sporting facilities and similarlocations? This program will explore the legal issues that arise in these types ofsituations. The program will also address how to negotiate and contract withgovernmental and quasi-governmental agencies that operate or bid out concessions tobe operated on government property and how to deal with Requests for Proposals(RFPs) and set-asides for local, minority or small/disadvantaged ownership.

Speakers: Adam Ekberg Jeffrey A. Brimer Scott P. Weber

W-9 Consumer Class Actions and Actions by State Attorneys General From suits under the federal Fair and Accurate Credit Transactions Act (FACTA) todeceptive advertising claims, franchisors and franchisees are increasingly being sued inclass actions filed by consumers and in actions filed by state attorneys general tovindicate perceived consumer rights. Those suits present difficult strategic decisions forcounsel, whether a franchisor, a franchisee or both are named as defendants. Thisprogram will discuss the nature of the current wave of claims; how potential vicariousliability theories, indemnity obligations and other tensions in the franchisor-franchiseerelationship can complicate the defense; how insurance coverage issues can affect thechoice and role of counsel; strategies for resisting class certification; and strategic andethical considerations involved in settlement of class claims.

Speakers: Paula J. Morency Cynthia W. Scherb

W-10 Vicarious Liability When a franchisee breaches a legal duty to a customer or an employee, is the franchisoralso liable? What are the practical issues that arise in defending cases where both thefranchisor and franchisee are sued based on actions by the franchisee? This program willfocus on key areas in which franchisors have been subjected to claims of vicarious liabilityand discuss the law governing such claims. It will also examine the practical considerationsthat arise in defending claims brought by injured third parties, including the extent to whichthe franchisor’s and franchisee’s interests are aligned, the desirability of a joint defense, therole of insurance coverage in structuring the defense, and juror preconceptions regardingthe control exercised by a franchisor over a franchisee operating under its marks.

Speakers: Cynthia M. Klaus Jason M. Murray Heather L. Smedstad

W-11 Navigating the Exemption/Exclusion Maze under the Amended FTCRule and State LawsThis program will analyze the exemptions to, and exclusions from, the amended FTC Rule,highlighting unresolved issues relating to qualification for and use of these exemptions andexclusions. The presenters will also compare the exemptions and exclusions at the federallevel with those found at the state level and discuss the differences between the regulatoryschemes. The program will analyze state-specific differences in exemptions and discuss theeffect of state business opportunity laws on exemption usage in non-registration states.Finally, the program will touch on what it means to be “exempt” and identify statepeculiarities in qualifying for an exemption.

Speakers: Earsa Jackson Karen B. Satterlee

W-12 Cost Containment Strategies for Franchise DisputesThis program will explore the challenges of managing the expense of franchise litigationfrom the perspectives of both franchisor and franchisee. What strategies can be utilized tomonitor and manage costs of disputes between franchisors and franchisees? Whattechniques work and why are some more successful than others? What are the pros andcons of engaging in alternate dispute resolution? How can you manage franchise litigationand arbitration efficiently, and spend less, without compromising the ability to present yourcase effectively? The panel will bring the benefit of experience and insight to these difficultand important questions.

Speakers: Marcus A. Banks James A. Goniea Michael Einbinder

W-13 New Media Threats - Responding to Cyber-AttacksMany companies have had to confront what to do when a disappointed customer vents hisor her complaints over the Internet. Franchisors face additional problems since unhappyfranchisees may also take to the Web to air their grievances and, in so doing, may discloseconfidential or proprietary franchisor information. This program will review some of thesteps a franchisor might take when dealing with complaints that appear on the Internet.The presenters will review the myriad ways that an unhappy person can communicatepotentially harmful views electronically. They will also discuss the increasing tensionbetween trademark law on one hand and principles of free speech and fair use on the other,as reflected in such matters as fights over Internet domain names and third parties’ use ofmarks in communications critical of the mark owner. The presenters will also provide a basicoverview of trade libel laws and address franchise agreement language that can be used toaddress these issues.

Speakers: Priscilla L. Dunckel Michael K. Lindsey

W-14 Litigating a Claim Under the PMPAThis program will address the procedural and strategic aspects of litigating a wrongfulfranchise termination claim under the Petroleum Marketing Practices Act (“PMPA”). It willexamine from the franchisor and franchisee perspectives the issues encountered at thepreliminary injunction stage, the summary judgment stage and at trial on the merits. Thepresenters will pay particular attention to common evidentiary issues and pitfalls, expertwitness strategies, and damages claims. They also will discuss strategies for the presentationof evidence, arguments of counsel, and jury instructions. The program will also explore theextent to which the PMPA may preempt state common law and statutory claims.

Speakers: Albert J. Barr Michael J. Lockerby David M. Harris

W-15 Depositions in Franchise CasesPreparation of witnesses for depositions in franchise disputes can make or break a case. Thisprogram will discuss strategic and privilege issues that must be addressed in preparingfranchisor and franchisee officers, employees and expert witnesses to be deposed. It willalso explore the issues presented by requests to depose franchisor and franchisee corporaterepresentatives. When the deposition of a corporate representative is required, is itdesirable to designate someone who was involved in the events that are the subject of thelitigation, and if so, can the deposition go beyond the topics listed in the deposition notice?What does it mean to say the franchisor or franchisee is “bound” by the testimony of adesignee, and what are the obligations of the designated witness to gather informationknown to the organization? These and other deposition issues will be discussed by a panelof veteran litigators.

Speakers: Jeffrey S. Haff Dennis R. LaFiura

W-16 Financial Performance Representations – Shield or Sword?This program will address the effect of the amended FTC Franchise Rule on financialperformance representations, including a discussion of what types of informationconstitute financial performance representations, the different types of financialperformance representations permitted by the amended Rule and the minimuminformation required to be included in the representation. It will also discuss the effectof state laws on these representations and recent case law in this area. The presenterswill seek to identify approaches franchisors can use to provide franchisees with usefulearnings information in a manner consistent with the amended Rule.

Speakers: Anne Connelly Brian B. Schnell Andrew C. Selden

W-17 Ethics Issues in a Multi-Jurisdictional Franchise Practice Our clients, franchisors and franchisees alike, are often located in many parts of thecountry. Most of us, however, are licensed to practice law in only one or twojurisdictions. If we are not licensed to practice law in a particular state, may we: litigate,arbitrate or mediate there; counsel or draft documents for clients who are locatedthere; file franchise or business opportunity registration applications and deal withfranchise regulators there; or advertise that we have a “national franchise practice?”What are the consequences of engaging in the unauthorized practice of law? Docommunications that would otherwise be privileged lose their protection ifunauthorized practice is found? This program will explore these and other ethical issuesthat regularly confront lawyers engaged in a multi-jurisdictional franchise practice.

Speakers: John R. Baer Rupert M. Barkoff

W-18 Franchising in the BRIC Markets (Brazil, Russia, India and China)This program will look at the hottest international markets that franchisors are currentlyentering, namely Brazil, Russia, India, and China (BRIC), which Goldman Sachs haspredicted could, in less than 40 years, together be larger than the G6 in US dollarterms. Although these countries present franchisors with great opportunity, there aresubstantial legal and business issues that must be resolved. For example, in China andIndia finding the right local partner can be challenging. IP piracy is a major problem inChina and Russia. There are basic operational issues, as well as specific formalities thatmust be carefully addressed, in India and Brazil. This program will help franchisorsidentify the legal and practical hurdles to future overseas development.

Speakers: Mark Abell Daniela C. Brito Paul D. Jones

W-19 When Franchisors Compete – Understanding the Boundariesbetween Healthy and Unfair Competition for FranchiseesWhat are the rules when one franchisor seeks to increase its market presence bywooing away franchisees of a competing franchise system? This program will explorethe current state of the law on tortious interference with contract and prospectivebusiness relations, and address other claims franchisor competitors may make againstone another. It will also address remedies available to franchisors when a competitormakes false or disparaging comparisons. The panel will discuss what communications,if any, a franchisor may have with current franchisees of a competitive system and bestpractices for avoiding potential liability for tortious interference and other competitionclaims. The program will also provide franchise agreement drafting tips that caninfluence the outcome of these issues and assess the issues that can arise in reportingcompetitors to regulatory agencies.

Speakers: Robin C. Gipson Edward Wood Dunham

W-20 Litigating Disclosure ClaimsThe panel will discuss issues peculiar to litigating claims based on alleged deficienciesin franchise disclosure documents. What are the available claims and possible defensesin litigation arising under the federal and state franchise registration and disclosurelaws? What is a “material omission”? Is “reliance” necessary to succeed on a claim,and, if so, may reliance be presumed? If the language of the franchise agreement isclear but the description of a party’s rights in the disclosure document is contradictory,does the disclosure document modify the contract or is it only a disclosure violation?Does an integration clause in the contract effectively insulate the contract from thedisclosure document? What if the relevant state statute forbids waiver of disclosureclaims? What are the relevant statutes of limitations and what remedies are availableto an aggrieved party? This program will attempt to sort out these and other thornyissues that arise in this area.

Speakers: David M. Byers Deborah S. Coldwell John D. Holland

W-21 Controlling Franchisee Pricing After LeeginA panel of franchise antitrust experts will address the effect of the United StatesSupreme Court’s 2007 Leegin decision on franchisor restriction of franchisee pricingfreedom, and how that decision has been applied, limited and used. The program willalso address the effect of Leegin on price control provisions contained in state antitruststatutes and existing franchise agreements, the practical considerations franchisors facein exercising this newly granted power, and proposed federal legislation designed tocut it back.

Speakers: Kay Lynn Brumbaugh Arthur I. Cantor Steven M. Goldman

W-22 Inside a Franchise ArbitrationWhat exactly happens in arbitration, and how do you decide whether arbitration issomething you should recommend to your client? With all the recent discussionregarding the enforceability of franchise arbitration provisions, a basic understandingof what is involved in arbitration sometimes falls by the wayside. This program willpresent a window into how franchise arbitrations generally work and what it is like tobe part of the arbitration process. The panel will discuss how arbitrators are chosen todecide a particular case, how the pleadings in arbitration differ from those in litigation,the type of discovery that is likely to be allowed, how the arbitration hearings areconducted, how long the case might take and how much the process will cost. Theprogram will also consider whether the arbitration process can accommodate itself tocases presenting issues of different levels of complexity, what powers an arbitrator haswith respect to third party witnesses, and to what extent an arbitrator’s decision can bereviewed by a court.

Speakers: Bethany L. Appleby Richard L. Rosen David L. Steinberg

W-23 Representing and Dealing with Multi-Unit Franchisees - Does SizeReally Matter? Do the size and sophistication of multi-unit franchisees translate into greaterbargaining power when dealing with the franchisor, whether before the sale or duringthe franchise relationship? How can multi-unit franchisees leverage size to obtainbargaining power? Are the needs and interests of multi-unit franchisees alwaysconsistent with those of the franchisor and other franchisees? This program will alsoaddress issues common among multi-unit franchisees, such as corporate structure, theuse of holding companies and operating companies, development schedules, personalguarantees and unit managerial responsibility. From the franchisor’s perspective, it willoffer tips for drafting to deal with multi-unit ownership issues and discuss stepsfranchisors can take to protect their interests.

Speakers: Brian H. Cole L. Seth Stadfeld

W-24 I’ve Got a Secret (Don’t I?) — Maintaining the Confidentiality ofSettlement Discussions, Mediations, and Arbitrations Can you count on what you say during settlement discussions, mediations, andarbitrations being shielded from use at trial and from discovery? While Rule 408 of theFederal Rules of Evidence and many state law counterparts provide some protection forsettlement communications, those rules are not as broad as commonly assumed. Otherrules may apply specifically to mediation, but not to arbitration. This program willdiscuss the often-misunderstood scope of the protection afforded communicationsmade in settlement negotiations, mediation and arbitration, and will presentsuggestions for franchisors and franchisees to protect (or discover) informationdisclosed in those settings.

Speakers: Ronald K. Gardner Tacie H. Yoon

WEDNESDAY, OCTOBER 15Welcome Reception Hilton – 6th Floor Foyer5:00 p.m. – 6:30 p.m.The Welcome Reception is our first socialgathering. Enjoy hors d’oeuvres, cocktails andconversation in a relaxed atmosphere. Takethis opportunity to connect with old friends,make new ones and hear The Doug MorelandBand – one of Austin’s best acoustic Texasswing bands. Complimentary forattendees and their guests.

Newcomers’ Networking Night Warehouse District6:45 p.m. – 10:00 p.m. Start your evenings in Austin off right byjoining us at two premier nightlifedestinations. This is a “Don’t Miss It” traditionfor young lawyers (those under the age of 36or who have been admitted to practice for lessthan 5 years) and first and second timeattendees of the Forum. We’ll head to themodern and eclectic Belmont for cocktails anda buffet dinner. Then, it’s off to the Speakeasy,one of Austin’s most famous spots, for drinksand entertainment. Additional fee forattendees and guests.

THURSDAY, OCTOBER 16Women’s Caucus Breakfast7:00 a.m. – 8:30 a.m.Work/Life Balance - how does she do it? Thisyear the Women's Caucus Breakfast welcomesa special guest to share her thoughts aboutwhat inspires her. Justice Harriet O'Neill of theTexas Supreme Court is an award-winningauthor and speaker. Twice named as Justice ofthe Year by the Texas Association of Civil Trialand Appellate Specialists, she serves on theNational Advisory Council on Violence AgainstWomen, is the Texas Supreme Court's liaisonto the Task Force on Foster Care, and is anactive member of the Texas Access to JusticeCommission. She also participates in the sportsand school activities of her three children.Please join us to explore how you can create awork/life balance that works for you.Additional fee for attendees.

Spouse/Guest Cooking ClassCentral Market Cooking School9:30 a.m. – 1:30 p.m.Transportation providedUnder the guidance of Central MarketCooking School's expert chefs, guests willcreate an eclectic menu of Austin favorites,then relax and enjoy their masterpieces.Recipes will include: Beef Enchiladas withSpanish Rice and Marinated Grilled Chickenwith Roasted Garlic Mashed Potatoes.Additional fee for guests.

Litigation And DisputeResolution (LADR) Reception5:00 p.m. – 6:15 p.m.LADR, the Forum’s committee for issuesconcerning litigation and ADR, is pleased toinvite all Forum members to its annualreception on Thursday afternoon to enjoycocktails and appetizers while mingling with your colleagues. Complimentary forattendees.

Corporate Counsel Reception5:00 p.m. – 6:15 p.m.The Corporate Counsel Committee will host acocktail party for this year’s member event.This will be a great chance to visit withcolleagues in a relaxed environment and shareideas about the in-house practice of franchiselaw over cocktails and light hors d’oeuvres.This event is exclusively for in-house counsel,so bring your ticket for entry. Additional feefor attendees.

Annual Reception/Dinner – The Bob Bullock Texas HistoryMuseum6:45 p.m. – 10:00 p.m.Transportation providedCome and learn the “Story of Texas” at theBob Bullock Texas State History Museum indowntown Austin. A 35-foot-tall bronze LoneStar sculpture will greet you in front of theMuseum, and a colorful terrazzo floor in theMuseum’s award-winning rotunda featuringenduring themes from Texas’s past will amazeyou. With three floors of interactive exhibits, aspecial effects show, and two of Austin’s bestartists, LZ Love and Carolyn Wonderlandperforming, you won’t want this evening toend! Additional fee for guests only.

FRIDAY, OCTOBER 17International Franchise andDistribution Division (IFDI)Breakfast7:30 a.m. – 9:00 a.m.The Forum’s International Division provides aforum for education, networking, and theexchange of ideas concerning internationalfranchising. At this first ever InternationalDivision breakfast, meet with franchiselawyers from the U.S. and around the worldwho have an interest in internationalfranchising. Also joining us this year will be apanel of speakers who will bring valuableinsight on the practice of franchise law acrossborders. Additional fee for attendees.

Special Events

Solo and Small Firm Breakfast7:30 a.m. – 9:00 a.m.The Solo and Small Firm Network is open toattorneys who are members of or employedby law firms of ten or fewer attorneys. Thisdynamic group will meet over breakfast tonetwork and exchange ideas. We will focus onhow to leverage knowledge, technology andnetworking to level the playing field—inlitigation, in transactional work, in clientdevelopment and in Forum leadership. Learnwhat your peers are doing in roundtablediscussions designed to help you build a moresuccessful and efficient practice. Additionalfee for attendees.

Spouse/Guest ShoppingExcursion9:00 a.m. – 4:45 p.m.Transportation providedFor some, it’s all about the shopping! Guestswill visit unique specialty shops in the quaintdowntown district of Gruene, Texas. Shopperswill then stop for lunch at the historic Grist MillRestaurant. Once refueled, it’s off to the SanMarcos Prime Outlet Mall. With over 100shops and restaurants, it is the place to shop inCentral Texas. Stores include Neiman MarcusLast Call Clearance Center, Michael Kors,Restoration Hardware, Tommy Bahama, andmany more. Comfortable walking shoes are amust! Additional fee for guests.

Diversity Committee Wine andCheese Networking Reception4:00 p.m. – 5:00 p.m.All attendees of the Forum are invited to anetworking reception hosted by the ABAForum on Franchising Diversity Committee.The Diversity Committee is devoted toincreasing the involvement of members ofdiverse ethnic and racial groups in Forumactivities and leadership roles. Please join theDiversity Committee at the reception tonetwork and consider how we all can help tofurther the goal of making the Forum a morediverse and inclusive organization.Complimentary for all attendees.

Dinner and Concert atAntone’s Nightclub7:00 p.m. – 10:00 p.m.Clifford Antone’s blues club has brought thebest musicians from around the country toAustin. The club has regularly featured suchlegends as Muddy Waters, B.B. King, BuddyGuy and the patron saint of Austin blues,Stevie Ray Vaughan. It is regarded as one ofthe premier places on the Third Coast to seelive music. We invite you to join us at Antone’sfor a casual dinner and a private performanceby nationally renowned singer/pianist Marcia Ball, with her infectious, intelligent andemotional brand of southern boogie, rollickingroadhouse blues and heartfelt ballads. This isan evening you will remember for years tocome. Additional fee for attendees.

SATURDAY, OCTOBER 18Community Service Event8:00a.m. – 1:00p.m.Transportation providedThis year we will support LifeWorks, a non-profit organization whose mission is totransition youth and families from crisis tosafety and success. Lifeworks provides acomprehensive safety net of support to morethan 10,000 youth and families each year inthe Austin area. Forum members canparticipate in a fall clean-up project consistingof gardening, landscaping and general yardwork at one or two LifeWorks sites, with anoption to do indoor work in the event of rain.Our work will help make the LifeWorks sitemore welcoming and inviting to thecommunity it serves. No experience isnecessary, just a desire to donate a few hoursto help a worthy organization. If you wouldlike to make a monetary donation, please seeif your company or firm will match your gift.Checks can be made out to LifeWorks andmailed to the attention of Abigail Nersesian,Volunteer Coordinator, LifeWorks, 3700 S. 1stStreet, Austin, TX 78704 (with the notation“ABA Forum-Community Service Event”) ordropped off at the ABA Registration Deskduring the Forum.

Texas Hill Country Tour9:00 a.m. – 4:30 p.m.Transportation providedLeave the city for the rolling hills of Texas. Ourfirst stop will be a tour and wine tasting at theMandola Estate Winery located in scenicDriftwood, Texas, followed by lunch atTrattoria Lisinia, a Tuscan restaurantoverlooking the Winery’s vineyards andpicturesque gardens. Then we’ll visitWimberley, Texas, voted one of America’s BestSmall Towns, with its cool, shady poolsbeneath towering cypress trees, frothycascades on the Blanco River and sparklingCypress Creek. You’ll be on your own to visitthe specialty shops, town square, art galleries,and cafes or just sit and enjoy the atmosphere.For those who like to walk and see the sites,Wimberley is full of beautiful views and richhistory. A pause at the bridge over CypressCreek or, for the more vigorous, a walk up the steps to the top of Old Baldy is wellworth the effort. Additional fee for all.

WEDNESDAY, OCTOBER 15, 20088:15 AM – 4:15 AMDevelopments in Petroleum Marketing Law — 2008 Roundtable Sponsored by the ABA Section of Environment, Energy and Resources Petroleum Marketing Committee (Separate registration required)

10:00 AM – 5:30 PMForum Registration11:30 AM – 12:30 PMBox Lunch Pick-up12:30 PM – 5:00 PMForum Intensive ProgramsI-1 Fundamentals of Franchising®I-2 Developments Under the Amended FTC Rule –

Learning from our MistakesI-3 Evidentiary and Trial Issues in Franchise Cases

5:00 PM – 6:30 PMWelcome Reception6:45 PM – 10:00 PMNewcomers Networking Night (ticketed)

THURSDAY, OCTOBER 16, 20087:00 AM – 5:30 PMForum Registration7:00 AM – 8:30 AMWomen’s Caucus Breakfast (ticketed)

7:00 AM – 8:30 AMContinental Breakfast8:30AM – 10:15 AMPlenary Session

8:30 AM – 8:50 AMWelcome and Forum Business Meeting

8:50 AM – 10:15 AMMaking the Pen Mightier Than the Sword

9:30 AM – 1:30 PMSpouse/Guest Cooking Class (ticketed)

10:15 AM – 10:30 AMBreak10:30 AM – 11:45 AMConcurrent WorkshopsW-1 Advanced Disclosure Issues Under the

Amended FTC RuleW-2 A Basic Overview of Franchise and Consumer

Advertising StandardsW-3 Calculating and Proving Damages in Franchise

Termination CasesW-4 Recent Changes and Trends in International

Franchise LawsW-5 Determining the Rules of Engagement in

Litigation Here And AbroadW-6 Operating Manuals – The Devil is in

the DetailsW-7 Anatomy of the Sale of a Brand

11:45 AM – 12:45 PMNetworking Lunch (Stubbs Barbecue Buffet)

12:45 PM – 2:00 PMConcurrent WorkshopsW-8 Franchising in Unique VenuesW-9 Consumer Class Actions and Actions by

State Attorneys General W-10 Vicarious LiabilityW-11 Navigating the Exemption/Exclusion Maze under the

Amended FTC Rule and State LawsW-12 Cost Containment Strategies for Franchise DisputesW-13 New Media Threats - Responding to Cyber-AttacksW-14 Litigating a Claim under the PMPA

2:00 PM – 2:15 PMBreak2:15 PM – 3:30 PMConcurrent WorkshopsW-15 Depositions in Franchise CasesW-16 Financial Performance Representations –

Shield or Sword?W-17 Ethics Issues in a Multi-Jurisdictional Franchise

Practice (Ethics Credit)W-18 Franchising in the BRIC Markets

(Brazil, Russia, India and China)W-19 When Franchisors Compete – Understanding the

Boundaries between Healthy and Unfair Competition for Franchisees

W-20 Litigating Disclosure ClaimsW-7 Anatomy of the Sale of a Brand

3:30 PM – 3:45 PMBreak

3:45 PM – 5:00 PMConcurrent WorkshopsW-21 Controlling Franchisee Pricing After LeeginW-22 Inside a Franchise ArbitrationW-23 Representing and Dealing with Multi-Unit Franchisees –

Does Size Really Matter?W-24 I’ve Got a Secret (Don’t I?) – Maintaining the

Confidentiality of Settlement Discussions, Mediations, and Arbitrations

W-2 A Basic Overview of Franchise and Consumer Advertising Standards

W-5 Determining the Rules of Engagement in Litigation Here and Abroad

W-6 Operating Manuals – The Devil is in the Details

5:00 PM – 6:15 PMLADR ReceptionCorporate Counsel Reception (ticketed)

6:45 PM – 10:00 PMAnnual Reception/DinnerBob Bullock Texas History Museum

FRIDAY, OCTOBER 17, 20087:00 AM – 4:30 PMForum Registration7:30 AM – 9:00 AMContinental BreakfastFranchise Professors’ Open HouseIFDI Breakfast (ticketed)Paralegal/Franchise Administrator Open HouseSolo/Small Firm Breakfast (ticketed)

9:00 AM – 4:45 PMSpouse/Guest Shopping Excursion (ticketed)

9:15 AM – 10:30 AMConcurrent WorkshopsW-8 Franchising in Unique VenuesW-10 Vicarious LiabilityW-11 Navigating the Exemption/Exclusion Maze under

the Amended FTC Rule and State LawsW-13 New Media Threats - Responding to Cyber-AttacksW-15 Depositions in Franchise CasesW-19 When Franchisors Compete – Understanding the

Boundaries between Healthy and Unfair Competition for Franchisees

W-20 Litigating Disclosure Claims

10:30 AM – 10:45 AMBreak10:45 AM – 12:15 PMAnnual Developments12:15 PM – 1:15 PMNetworking Box Lunch1:15 PM – 2:30 PMConcurrent WorkshopsW-1 Advanced Disclosure Issues under the Amended FTC RuleW-3 Calculating and Proving Damages in Franchise

Termination CasesW-14 Litigating a Claim Under the PMPAW-18 Franchising in the BRIC Markets

(Brazil, Russia, India and China)W-21 Controlling Franchisee Pricing After LeeginW-22 Inside a Franchise ArbitrationW-23 Representing and Dealing with Multi-Unit Franchisees –

Does Size Really Matter?

2:30 PM – 2:45 PMBreak2:45 PM – 4:00 PMConcurrent WorkshopsW-4 Recent Changes and Trends in International

Franchise LawsW-9 Consumer Class Actions and Actions by

State Attorneys GeneralW-12 Cost Containment Strategies for Franchise DisputesW-16 Financial Performance Representations –

Shield or Sword?W-17 Ethics Issues in A Multi-Jurisdictional Franchise Practice

(Ethics Credit)W-24 I’ve Got a Secret (Don’t I?) – Maintaining the

Confidentiality of Settlement Discussions, Mediations, and Arbitrations

4:00 PM – 5:00 PMDiversity Committee Wine and Cheese Networking Reception7:00 PM – 10:00 PMDinner/Concert at Antone’s Nightclub(ticketed)

SATURDAY, OCTOBER 18, 20088:00 AM – 1:30 p.m.Community Service Event9:00 AM – 4:30 PMTexas Hill Country Tour (ticketed)

Program Schedule

MARK ABELLField Fisher Waterhouse LLPLondon, United Kingdom

BETHANY L. APPLEBYWiggin & Dana LLPNew Haven, CT

JOHN R. BAERSonnenschein Nath & Rosenthal LLPChicago, IL

MARCUS A. BANKSWyndham Worldwide CorporationParsippany, NJ

RUPERT M. BARKOFFKilpatrick Stockton LLPAtlanta, GA

ALBERT J. BARRBarr and LaCavaStamford, CT

DAVID A. BEYERDLA Piper US LLPTampa, FL

CAROL ANNE BEENSonnenschein Nath & Rosenthal LLPChicago, IL

VICTORIA T. BLACKWELLPapa Murphy's International Inc.Vancouver, WA

JEFFREY A. BRIMERSnell & Wilmer L.L.P.Denver, CO

DANIELA C. BRITODunkin’ BrandsCanton, MA

KAY LYNN BRUMBAUGHAndrews Kurth LLPDallas, TX

CHRISTOPHER P. BUSSERTKilpatrick Stockton LLPAtlanta, GA

DAVID M. BYERSGraham & Dunn PCSeattle, WA

DALE CANTONEMaryland Attorney General’s OfficeBaltimore, MD

ARTHUR I. CANTORWiley Rein LLPWashington, DC

CARMEN D. CARUSOSchwartz Cooper CharteredChicago, IL

AMY CHENGCheng Cohen LLCChicago, IL

HARRIS J. CHERNOWChernow Katz LLCHorsham, PA

JON P. CHRISTIANSENFoley & Lardner LLPMilwaukee, WI

DEBORAH S. COLDWELLHaynes and Boone, LLPDallas, TX

BRIAN H. COLEBryan Cave LLPSanta Monica, CA

ANNE CONNELLYIllinois Attorney General’s OfficeSpringfield, IL

JENNIFER C. DEBROWGray Plant MootyMinneapolis, MN

CRAIG DIETZSpecial Ops LLCDenver, CO

PRISCILLA L. DUNCKELBaker Botts L.L.PDallas, TX

EDWARD WOOD DUNHAMWiggin & Dana LLPNew Haven, CT

MICHAEL EINBINDEREinbinder & Dunn, LLPNew York, NY

ROBERT M. EINHORNZarco Einhorn & Salkowski, PAMiami, FL

ADAM EKBERGStarbucks Coffee CompanySeattle, WA

RONALD K. GARDNERDady & Garner, P.A.Minneapolis, MN

BRYAN A. GARNERLaw ProseDallas, TX

MICHAEL GARNERDady & Garner, P.A.Minneapolis, MN

ROBIN C. GIPSONBriggs & Morgan, PAMinneapolis, MN

JAMES A. GONIEAAmerican Driveline Systems, Inc.Horsham, PA

STEVEN M. GOLDMANMarriott International, Inc.Washington, DC

STEVEN GOODEThe University of Texas School of LawAustin, TX

LOIS C. GREISMANFederal Trade CommissionWashington, DC

SUSAN GRUENEBERGDreier Stein Kahan Browne Woods George LLPSanta Monica, CA

JEFFREY S. HAFFHaff & AssociatesMinneapolis, MN

DAVID M. HARRISGreensfelder Hemker & Gale PCSt. Louis, MO

KEVIN P. HEINSnell & Wilmer L.L.PDenver, CO

JOHN D. HOLLANDDady & Garner, P.A.Minneapolis, MN

EARSA JACKSONStrasburger & Price, LLPDallas, TX

PAUL D. JONESJones & CompanyToronto, Ontario

CNYTHIA M. KLAUSLarkin Hoffman Daly & Lindgren Ltd.Minneapolis, MN

KATHRYN M. KOTELMcDonald's CorporationOak Brook, IL

DENNIS R. LAFIURADay Pitney LLPFlorham Park, NJ

MICHAEL K. LINDSEYPaul Hastings Janofsky & Walker LLPLos Angeles, CA

MICHAEL J. LOCKERBYFoley & Lardner LLPWashington, DC

ANDREW P. LOEWINGERNixon Peabody LLPWashington, DC

CHRISTOPHER A. MARTINEZStoneturn Group, LLPAustin, TX

NATALMA M. MCKNEWLeatherwood Walker Todd & Mann PCGreenville, SC

CHARLES S. MODELLLarkin Hoffman Daly & Lindgren Ltd.Minneapolis, MN

PAULA J. MORENCYSchiff Hardin LLPChicago, IL

JASON M. MURRAYCarlton Fields PAMiami, FL

DAVID W. OPPENHEIMKaufmann, Feiner, Yamin, Gildin & Robbins LLPNew York, NY

LEE J. PLAVEPlave Koch PLCReston, VA

JOHN PRATTHamilton PrattBirmingham, United Kingdom

KIRK W. REILLYGray Plant MootyMinneapolis, MN

JANET L. REYESSonnenschein Nath & Rosenthal LLPChicago, IL

MARK A. ROBERTSONHilton Hotels CorporationBeverly Hills, CA

RICHARD L. ROSENLaw Offices of Richard RosenNew York, NY

ROBERT F. SALKOWSKIZarco Einhorn & Salkowski, PAMiami, FL

KAREN B. SATTERLEEStarbucks Coffee CompanySeattle, WA

CYNTHIA W. SCHERBBrooke Capital CorporationOverland, KS

BRIAN B. SCHNELLFaegre & Benson LLPMinneapolis, MN

ANDREW C. SELDENBriggs and Morgan, PAMinneapolis, MN

GEOFFREY B. SHAWCassels Brock & Blackwell LLPToronto, Ontario

HEATHER L. SMEDSTADMcDonald's CorporationOak Brook, IL

LESLIE SMITH–PORTERFoley & Lardner LLPMiami, FL

ROBIN M. SPENCERSchiff Hardin LLPChicago, IL

L. SETH STADFELDWeston, Patrick, Willard & Redding, PABoston, MA

DAVID L. STEINBERGThav Gross Steinway & BennettBingham Farms, MI

CRAIG TREGILLUSFederal Trade CommissionWashington, DC

SCOTT P. WEBERPhelps Dunbar LLPTampa, FL

DENNIS E. WIECZOREKDLA Piper US LLPChicago, IL

WILLIAM K. WOODSDLA Piper US LLPDallas, TX

SARAH J. YATCHAKFaegre & Benson LLPMinneapolis, MN

TACIE H. YOONWiley Rein LLPWashington, DC

Speaker List

1. Hotel Information: The conference will be held at the Hilton Austin, 500 East 4th Street, Austin, Texas 78701.Phone 512/482-8000 - Guest Fax 512/469-0078. Arrangements for childcare can be made by contacting the hotel’s concierge. Visit the hotel’s website at www.austin.hilton.com for further information.

2. Hotel Reservations: The Forum on Franchising has negotiated a special room rate of $190 per single/double roomat the Hilton. A 15% sales tax will also apply per night. To make your hotel reservations, pleasefollow the instructions on the registration form. We have reserved a limited block of roomsthrough September 22, 2008. You must register for the conference prior to making your hotelreservation. After this date, the Hotel Reservation Office will assign rooms on a space availablebasis. All changes and cancellations to hotel reservations must be received within 72 hours ofarrival to avoid a one night’s cancellation charge.

3. Air Travel: Airfare discounts to ABA meetings are available through ABA Online Travel; the ABA travelagency is Orbitz for Business (OFB). To access ABA Online Travel, go to www.abanet.org,"Member Tools". At ABA Online Travel you will have automatic access to meeting airfare discounts, web fares and web book only airlines. The ABA's toll-free number for Orbitz forBusiness (OFB) Business is 1-866-321-8403.

Ground Travel: The Hilton Austin is only seven miles from Austin Bergstrom International Airport.Taxis are available at a rate of $25 each way. Shuttle services and rental car companies are located on the airport premises. On-site parking at the Hilton is $25.00 per night for valet andself-parking is $15 per night. ABA attendees will receive a 5% discount on parking fees.

4. Program Registration: To register for all programs and events described in this brochure, please submit your completed registration form and payment to: Technical Registration Experts, 13 South SecondStreet, Geneva, IL 60134. Or fax your form with credit card payment only to 630/262-1520.Confirmations will be faxed to you within 72 hours of registration receipt. In order to be included in the list of program attendees, you must register by September 22, 2008. Guest tickets for special events are available for an additional fee. Please see the registration form forprice details.

5. On-Site Check In: Beginning Wednesday, October 15, 2008 at 10:00 a.m. – 5:30 p.m., attendees may check in atthe ABA registration desk to pick up registration packets that contain name badges, conferencebags with information kits and course materials.

6. On-Site Registration: On site registration is available for those persons who missed the registration deadline. If youplan to register at the door, please call Kim Turner at 312/988-5666 on or before Friday, October10, to confirm that space is still available. Failure to call in advance may preclude admission to asold out conference. On site registrants must pay the registration fees by check, money order,Visa, MasterCard, or American Express. NO registrations will be accepted without payment.

7. Tuition information: Tuition for the Wednesday intensive programs is separate from and in addition to the Thursdayand Friday program registration fee. Intensive program tuition includes course materials, boxlunch, and beverage break. Tuition for the main program includes admission to the two dayprogram, welcome reception, continental breakfasts, beverage breaks, lunches, course materialsand the Annual Reception/Dinner.

8. Cancellation Policy: Registrants who are unable to attend the program will receive a refund less a $75 administrativefee if written cancellation is received by September 22, 2008. Cancellations may be faxed to630/262-1520, Attn: Technical Registration Experts. No refunds will be granted afterSeptember 22, 2008. Substitutions are acceptable, or conference materials will be sent in lieu ofa refund after the program. The ABA reserves the right to cancel any programs and assumes noresponsibility for personal expenses.

Conference Information

9. CLE Credit: CLE accreditation has been requested for this program from every state with mandatorycontinuing legal education requirements for lawyers. Each state has its own rules andregulations, including its definition of CLE. Check with your state agency for confirmation ofthis program's approval. Attorneys seeking to obtain MCLE credit in Louisiana and/orPennsylvania must pay state accreditation fees directly to these states. Certificates ofattendance will be available the last day of the conference at the registration desk. You maycontact your respective state(s) for confirmation of the number of CLE credit hours requestedby the ABA or credit approved by any particular state.

10. Membership: To encourage registrants to join the ABA Forum on Franchising, the reduced member's tuitionrate will be extended to registrants who join the Forum when they register for the program.Forum membership dues are $50 for attorneys/associates and $10 for law students.Membership in the ABA and one Section is a prerequisite to Forum membership. Please includea separate check (payable to the American Bar Association) for membership dues.

11. Additional Course Materials: Materials for all programs may be available for purchase after the conference by calling theABA Service Center at 1-800-285-2221.

12. Forum Policy Regarding Self Promotion and Conflicts: In order to insure a spirit of collegiality at the Annual Forum, please respect the Forum onFranchising's policy that no individual, group or entity (other than the ABA) may engage inany type of self promotion or conflicting activities (such as giving gifts; hosting group functionsi.e., more than six guests including meals, parties, sporting events, meetings or seminars; ordisplaying or distributing advertising, marketing materials, books, articles, case reports oranything of value or scheduling non-Forum sponsored group meetings) at or in connectionwith the Annual Forum or any Forum sponsored events (i.e., from the time the first event orprogram starts to the time the last event or program ends), in or near the city where the Forumevent is taking place. The 2008 Annual Forum starts at noon, Wednesday, October 15, 2008and concludes at the end of the Guest Tour on Saturday, October 18th at 5:00 p.m.

13. Tax Deduction for Educational Expenses: In the United States, an income tax deduction may be allowed for educational expensesundertaken to maintain or improve professional skills. This includes registration fees, travel,meals and lodging expenses (see Treas. Reg. Sec. 1.162-2) Coughlin v. Commissioner, 203F.2d 307 (2nd Cir. 1953.)

14. Americans with Disabilities Act: If special arrangements are required for disabled individuals to attend this program, pleasecontact Kelly Rodenberg in writing by September 22, 2008 at the American Bar Association,321 N. Clark Street, Chicago, Illinois, 60610. Fax: 312/988 5677.

15. Dress: In keeping with Forum tradition, participants are encouraged to wear business casual attireduring the programs and to the special events. Austin is a very walkable city, so please bringcomfortable shoes.

16. For the latest program information: Please visit the Forum on Franchising website: www.abanet.org/forums/franchising. For further information on the city, travel, activities and entertainment options, visitwww.austintexas.org.

17. Questions: If you have questions or require additional conference information, please call 312/988 5666or 5794. Fax: 312/988 5677; email: turnerk@staff.abanet.org.

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