Business-and deal-focused franchise law counsel and strategic advisor

David Beyer is widely recognized as one of the country’s leading franchise and distribution lawyers. For household-name businesses and emerging brands in a wide range of industries, national and international, David advises on all aspects of franchise and distribution, including:

• Strategy and structure of programs
• Disclosure, registration and franchise agreements
• Renewal, termination, transfer, supply and relationship issues
• Resolving disputes with franchisees, associations and suppliers
• Mergers and acquisitions involving franchise companies
• Advising on multi‑channel and alternative distribution
• Strategic advice for systems designing alternatives to avoid franchise regulation

David brings exceptional business experience, acumen (an MBA graduate) and problem-solving skills to advising on brand expansion. He utilizes a strategic approach that synthesizes a client’s long-term business objectives with deal-focused advice. David advises startups and mature organizations, having shepherded some brands from launch through eventual sale. He counsels organizations in numerous industries, from some well-known for franchising and in arenas commonly franchised (like restaurants) to some that are equally well‑known, but that you'd never assume utilize the franchise growth strategy. His franchise experience also includes franchising in challenging industries like health care.

David has served in leadership roles with the ABA Forum on Franchising and as chairman of the Franchise Law Committee of the Florida Bar. David is one of just a handful of franchise lawyers honored by his peers to present at the keynote plenary sessions on both the Annual Developments in Franchise Law at the ABA Franchise Forum and the Judicial Update at the IFA Legal Symposium. 

Bar Admissions

• Florida

Education

• Tulane University (M.B.A., 1979)
  • Beta Gamma Sigma (Member, Business Honor Society)

• Tulane University (B.A., 1978)

• Vanderbilt Law School (J.D., 1982)
  • Vanderbilt Law Review, member

• "Administering a Franchise Program: Compliance Programs and Goals"
• "Annual Franchise and Distribution Law Developments 2008"
• "Annual Franchise and Distribution Law Developments 2008"
• "Branding Options and Alternatives"
• "Changes in System Standards: What is the Extent of the Franchisor's Latitude?"
• "Changes in System Standards: What is the Extent of the Franchisor's Latitude?"
• "Estimated Initial Investment Claims: Strict Liability or Strictly Folly?"
• "Financial Performance Representations"
• "Franchise Sales Compliance"
• "Franchising and Distribution Currents"
• "Franchising as an Expansion Strategy"
• "Franchisors: Take Note of New Joint Employment Guidance"
• "Fundamentals 201: Transfers and Assignments in Franchising"
• "How to Franchise Your Business"
• "Judicial Update"
• "Making the Word Safe for Franchising: Nieman v. Dryclean USA"
• "NLRB Finds No Joint Employment Relationship In First Test Since Browning-Ferris"
• "Proposed Bill Threatens Franchising In Florida"
• "Proposed Bill Threatens Franchising in Florida"
• "Proposed Florida Franchise Bill Dies in Committee"
• "Should Franchisors be Concerned with the McDonald’s Wage Deal?"
• "The Twitter Frontier: Harnessing the Power of Social Media While Protecting Your Franchise System"
• "When Are Sales Representatives Also Franchisees?"
• Bill To Narrow Joint Employment Passes In The House
• Channel Conflict Business Roundtable, Internet Track
• Class Certification in Text Messaging Case Contains Lessons for Franchisors
• Department of Labor Issues Guidance on Joint Employment Under the FLSA
• Franchise Law and Practice
• Franchisor Update: Amendment to Indiana Franchise Law
• IFA Legal Symposium Judicial Update
• IFA Legal Symposium Judicial Update Plenary Session
• Multilevel Marketing Seminar
• Proposed Bill Threatens Franchising in Florida
• “ADR and Franchise Disputes”
• “Advertising Pools and the Free Rider Problem - Who Can Sue?"
• “Breaking Up is Hard to Do: Divorce and Alternatives in Franchise Relationships”
• “Elements of Successful Franchising”
• “Ending the Confusion on Earnings Claims”
• “Enhancing Collection of Royalties and Service Fees Through the Franchise Agreement”
• “Florida Becomes the Battleground for Vicarious Liability”
• “Florida Clarifies Enforcement of Noncompetes”
• “Florida’s Non-compete Law, Practical Aspects of Franchisee Representation”
• “Florida’s Non-compete Law, Practical Aspects of Franchisee Representation”
• “Franchise Desk Book - Selected State Laws, Commentary and Annotations"
• “Franchise Divorce: Terminations and Breakaways. Franchise Disputes in Arbitration, Litigation and Mediation”
• “Franchise Issues Under the Florida Deceptive and Unfair Trade Practices Act"
• “Franchise Law Basics”
• “Franchise Law Compliance Training”
• “Franchise Law: An Overview of Federal and State Regulation of the Sale of Franchises”
• “Franchise Law”
• “Franchise Lead Referral Networks: Brokers or Consultants?"
• “Franchise Sales and Disclosure Laws”
• “Franchise Sales Compliance”
• “Franchise Vicarious Liability in Florida: A Survey and Recent Developments"
• “Franchising in the Professions”
• “Franchisor Liability for its Franchisees’ Operations: Their Liability May Be Your Liability!”
• “International Franchising: A Global View From the United States"
• “International Franchising: A Travel Guide”
• “International Law Update: Emerging Practice Areas for Florida Lawyers”
• “Introduction to Regulation of Multilevel Marketing Methods: Focus on Florida, Franchising and its Alternatives”
• “Legal Considerations in Establishing Franchise Programs, Franchise Law and Practice”
• “Legislative Assault: Balancing the Scales or Franchisee Protectionism”
• “Limited Liability Companies: What They Are and What You Do With Them”
• “Master Franchising/Sub-franchising”
• “Multilevel Marketing and Direct Selling: Laws and Regulations”
• “Multilevel Marketing and Direct Selling”
• “Multiple Unit Franchising, Franchising and its Alternatives”
• “Multiple-Unit Franchising”
• “New Florida Legislation Clarifies Enforcement of Noncompetes"
• “Participation in Franchise Shows”
• “Perilous Prospects - Part I: Lawsuits to Get Into the Franchise System"
• “Perilous Prospects - Part II: Lawsuits to Get Into the Franchise System"
• “Planning and Financing the Franchise System”
• “Selling Franchises Without Getting Into Trouble”
• “Selling Franchises Without Getting Into Trouble”
• “Summary of Financial Statement Requirements for Franchising”
• “Summary of the Iowa Franchise Act”
• “The Impact of Franchise Laws on Negotiations With Prospective Franchisees and The New UFOC: For Better or For Worse, Emerging Issues and Franchise Negotiations”
• “The New UFOC: For Better or For Worse”
• “The Prevent Defense”
• “The Proposed Florida Fast Food Franchise Practices Act: Franchisees Have It Their Way”
• “The Use of Technology in Franchising”
• “Vicarious or Derivative Liability”